'We Had To Almost Frame Contempt Charges For You To Act' : Supreme Court Slams CBI's Delay In Arrest Of Cops In MP Custodial Death Case
The Supreme Court on Wednesday came down heavily on the Central Bureau of Investigation (CBI) for their delay in arresting two Madhya Pradesh police officers accused in the custodial death of 26-year-old Deva Pardhi, observing that the arrests took place only after the Court issued stern warnings of contempt.
A Bench comprising Justice BV Nagarathna and Justice R Mahadevan was hearing a contempt petition alleging willful disobedience of the Court's earlier direction, passed on May 15, to arrest the officers.
The Court noted that the CBI had now filed an affidavit stating that both absconding officers have been arrested - one on September 27 and the other on October 5.
Expressing displeasure, Justice Nagarathna remarked,
“What happened all these days? Why couldn't you trace them? We had to almost frame contempt charges for you to act. This is not how a Supreme Court order should be implemented. There was a three-judge bench order to arrest them.”
Justice Mahadevan added,
“What departmental action has been taken against the two officers? They even filed for anticipatory bail despite this Court's clear order that they should be arrested.”
Witness Harassment Alleged
During the hearing, Advocate Payoshi Roy, appearing for the petitioner, informed the Bench that a key eyewitness to the incident, currently in custody, has been denied basic communication rights.
Roy said,“We moved the jail authorities seeking permission for him to make phone calls to his family. The response was that only if there is a court order, permission will be granted.”
She also submitted that following the custodial death, ten FIRs were filed against the eyewitness, and he has been arrested in seven of those cases, including old cases against unknown persons.
Justice Nagarathna responded sharply, “He can apply for bail, but why should there be a need for a court order to allow a phone call? This is the attitude!”
The Bench directed the authorities to ensure that the witness is given limited access to speak with his family members. “Let the family members at least hear the voice of the person who is in custody,” Justice Nagarathna observed.
Court's Order
Recording its disapproval, the Bench observed that the arrests were made only because of the Court's strong remarks:
“We find that the arrest has been made due to the stringent and strong remarks of this Court. The fact remains that there has been non-compliance of the order dated 15.05.2025 and only pursuant to this contempt petition and the observations made by this Court that the arrest has taken place.”
The Court directed the CBI and the State of Madhya Pradesh to file an explanation detailing why there was a delay in complying with the May 15 order and why the arrests were made only on September 27 and October 5.
The Bench also directed the State to inform the Court about further departmental action taken against the two officers.
The matter has been adjourned to November 6 for the filing of the explanation.
Justice Mahadevan remarked that there must now be “concrete action” against the erring officers.
The case pertains to the death of 26-year-old Deva Pardhi while in custody of the Madhya Pradesh Police. The Supreme Court, by an order dated May 15, 2025, had directed that the two police officers allegedly responsible for the custodial death be arrested. However, the failure to execute the order led to the filing of the present contempt petition.
Case No. – Conmt. Pet.(C) No. 594/2025
Case Title – Hansura Bai v. Hanuman Prasad Meena