SC irked over non-compliance of its direction, warns of contempt in custodial death case to MP govt

Comply with the apex court's direction otherwise we know how to get things complied with, the Supreme Court on Friday warned the Madhya Pradesh government in a matter in which two police officials absconded after being accused in a custodial death case. Underling "no progress" in compliance, the top court said might frame contempt charges against the authorities concerned. "We are only saying, comply with the direction of the apex court of the country. Otherwise, we know how to get the things complied. If not complied with, the consequence under the contempt petition will follow. We will frame charges and consequences will follow under the Contempt of Courts Act," a bench of Justices B V Nagarathna and R Mahadevan said. The top court was hearing a contempt plea of the mother of the 24-year-old victim alleging non-compliance of the top court's May 15 order. The apex court then castigated the Madhya Pradesh government for not taking action against policemen involved in the alleged custodial death, and transferred the probe to the CBI.

On Friday, the incumbent investigating officer said he took over the case on June 30 and on July 2, he arrested a police official who was allegedly involved in custodial torture as revealed by the eye-witness. He said they have an eye-witness, who is lodged in jail. "The problem is, before we took up the case, his statement was recorded by four agencies. In all these statements, he has given contradictory statement," he said. The bench reminded him that it was concerned with compliance of the apex court's direction. "Who is responsible for the custodial death, arrest those people," the bench asked, "why are you not able to arrest them?" When the investigating officer said he has arrested one accused in the case, the bench added, "That is not sufficient." The apex court said it was giving an opportunity and was not hasty in rushing to frame contempt charges. "In view of the ensuing vacation, we direct that the respondents ensure the compliance of the direction issued by this court referred to above and file an affidavit regarding compliance on or before October 7 by serving the copy of the same to the counsel for the petitioner," it said.

The bench said in case of compliance, the petitioner counsel could mention it so that the matter could be listed on October 8. The state and the DGO were directed to provide all relevant information to the CBI for taking steps to comply with the court's directions. The bench warned that if its directions were not complied with, it might proceed to frame contempt charge. It said evading arrest despite the apex court's direction was a disobedience of its order. While hearing the matter on September 25, the bench slammed the Madhya Pradesh government and the CBI for the delay in suspending the two absconding police officials and warned of contempt action. It said the police officials were absconding since April but were not suspended. The CBI's counsel had informed the apex court that the two officers were suspended on Wednesday. The bench had earlier chided the CBI for not arresting the absconding police officials.