New Delhi, Sept 23 (UNI) The Supreme Court today came down heavily on the CBI for its failure to arrest two Madhya Pradesh police officers accused in the custodial death of a 26-year-old man, despite clear directions from the court.
A bench comprising Justice BV Nagarathna and Justice R Mahadevan was hearing the contempt plea alleging non-compliance with the apex court’s order.
The case had earlier been transferred from the Madhya Pradesh police to the CBI after the court found that the local police was covering up and influencing the investigation.
Justice Nagarathna rebuked the agency, observing: “This can’t go on like this. Despite a Supreme Court order you are unable to act. Then what is the use? You are pleading helplessness! He is absconding, proclamation is there, we can’t trace. Please don’t plead helplessness.”
The bench also warned that the court would “not spare” the CBI if anything untoward happened to the sole eyewitness in the case, stressing that a second custodial incident would not be tolerated.
The CBI informed the court that it had filed a chargesheet on September 15 and arrested three accused officers, but two — Sanjiv Singh Malviya and Uttam Singh Kushwaha — remained absconding since April 2025. Non-bailable warrants and proclamations have been issued against them, and applications for attachment of their properties have been filed.
However, petitioner’s counsel alleged that one of the absconding officers was openly notarising anticipatory bail applications in the Gwalior zone and had not been arrested.
It was further alleged that the sole eyewitness had been intimidated, beaten in custody, and forced to sign blank papers, despite Supreme Court directions for his protection.
Justice Mahadevan expressed displeasure at the agency’s explanation, remarking, “Very unfortunate… Where is the question of proclamation when they are signing documents?”
When the CBI argued that the accused officers were absconding even before the case came under its jurisdiction, Justice Nagarathna retorted: “Absconding means protecting. That is the meaning you want to say. You know where they are. You are protecting them.”
The court directed the CBI to file a detailed status report on the steps taken to trace and arrest the two police officers. It also ordered that an affidavit be filed by the officer(s) concerned on or before Thursday. The matter will be taken up again on September 25.
The bench further instructed the CBI to inform prison officials to ensure the safety of the eyewitness presently in judicial custody, warning: “There cannot be a second custodial death, otherwise we will take it seriously.”
The court also allowed the petitioner’s counsel to serve a copy of the contempt petition to the standing counsel for the state of Madhya Pradesh.
Justice Nagarathna added that if the officers were arrested before the next hearing, contempt proceedings might be dropped.
