15 May 2025 Criminal Appeals & Suspension of Sentence >> Criminal Law  

This case of Hansura Bai & Another v/s State Of Madhya Pradesh & Another, involves the tragic custodial death of Deva Pardhi and the subsequent legal battle by his family to secure justice and protect the sole eyewitness, Gangaram Pardhi.

Deva Pardhi was picked up by police on July 13, 2024, along with his uncle, Gangaram Pardhi, in connection with a theft case. The family alleges that police personnel stormed their wedding venue, assaulted both men, and took them to the old Myana Police Station, where they were subjected to severe torture. Deva Pardhi, who was scheduled to be married, died as a result of this torture, being declared dead at the hospital after allegedly being hung upside down, doused with water, and having hot water and salt thrown on his wounds.

The post-mortem report noted multiple injuries, and doctors later opined the cause of death was vasovagal shock leading to a heart attack. A magisterial inquiry led to the registration of an FIR (No. 341 of 2024) against police officials for culpable homicide not amounting to murder, voluntarily causing hurt, and joint criminal liability. Later, charges under the Bharatiya Nyaya Sanhita and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act were added.

However, the investigation by the local police has been stalled, with no arrests made for nearly eight months. Meanwhile, Gangaram Pardhi, the only eyewitness to the torture, was illegally detained for over 24 hours, remanded to judicial custody, and subsequently implicated in multiple criminal cases, which the family claims are false and an attempt to silence him.

The appellants (Deva Pardhi's mother and aunt) approached the High Court of Madhya Pradesh seeking a transfer of the investigation to another agency and bail for Gangaram Pardhi. The High Court denied bail but acknowledged the threats faced by Gangaram Pardhi and ordered his transfer to Central Jail, Gwalior.

Aggrieved by this, the appellants filed a special leave appeal. The Supreme Court, after considering the submissions, found that:

• The local police's investigation into the custodial death lacked credibility due to the allegations being against their own personnel.
• There was a clear inference that the investigation was not fair and transparent, and the prosecution could be subjugated by the accused.
• The medical board's initial omission to state the cause of death despite multiple injuries suggested influence by local police.
• Gangaram Pardhi, the sole eyewitness, was being deliberately implicated in multiple cases to keep him incarcerated and prevent him from testifying.

Consequently, the Supreme Court transferred the investigation of FIR No. 341 of 2024 to the Central Bureau of Investigation (CBI), directing them to register a case, ensure a fair and expeditious investigation, and arrest the responsible police officials within one month. The investigation is to be concluded within 90 days of the arrests.

Regarding Gangaram Pardhi, the Court granted him liberty to directly approach the High Court for bail in all cases filed against him after July 13/14, 2024. The High Court was requested to decide his bail applications expeditiously, keeping in mind the Court's observations. Crucially, the Supreme Court also directed the Principal Secretary (Home), Government of Madhya Pradesh, and the Director General of Police, Madhya Pradesh, to ensure the safety and security of Gangaram Pardhi, both in prison and after his release, under the witness protection scheme.