The Supreme Court on Tuesday warned the Central Bureau of Investigation that contempt proceedings may be initiated against the central agency if two Madhya Pradesh Police officers accused in the alleged custodial torture and death of an Adivasi man are not arrested within two days, The Indian Express reported.

A bench of Justices BV Nagarathna and R Mahadevan criticised the probe agency for its failure to act despite directions issued in May, Live Law reported.

Ahead of his wedding in July 2024, the 25-year-old man, Deva Pardhi, and his uncle, Gangaram Pardhi, were arrested on charges of theft. Later that night, Deva Pardhi’s family was informed that he had died.

While the police claimed that he died of a heart attack, the family rejected the explanation, alleging that both men were tortured in custody.

On May 15, the case was transferred to the Central Bureau of Investigation after the Supreme Court found that the Madhya Pradesh Police was not carrying out the investigations “in a fair and transparent manner”.

The court had said that if the police officers are found responsible for the custodial death, they must be arrested within a month.

On Tuesday, the Supreme Court was hearing a contempt petition filed by Deva Pardhi’s mother, alleging that the central agency had violated its order.

The judges expressed anger at the agency’s explanation that the two police personnel accused in the matter, Sanjiv Singh Malviya and Uttam Singh Kushwaha, had been absconding since April.

“This can’t go on like this,” Live Law quoted the court as saying. “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. We will only say your helplessness feels in the garb of protection.”

The counsel representing the CBI told the court that non-bailable warrants have been issued for the men, they were declared proclaimed offenders and that applications have been filed to attach their property.

But the court verbally observed that “absconding means protecting”, highlighting that the central agency “swoops down and arrests within seconds” in other cases, but now seemed helpless.

The court also issued a warning regarding the safety of Gangaram Pardhi, the sole eyewitness to the alleged custodial death, The Indian Express reported.

“We will not spare you if anything untoward happens to Gangaram Pardhi and there is a second custodial event,” the court said. “Please inform the prison officials supervising his judicial custody.”

The petitioner’s counsel told the court that the police had filed several cases against Gangaram Pardhi allegedly to keep him in custody and intimidate him, the Deccan Herald reported.

The court was also told that Gangaram Pardhi was assaulted after the bail application of one of the police officers accused in the matter was rejected, Live Law reported.

“The prison officials are hand in gloves with the police officer,” the petitioner’s counsel alleged. “They are so scared of even informing this to the court as there may be repercussions.”

The court has directed the CBI to file a status report by September 25, when the case will be heard next.

Also read: What the ‘custodial death’ of a man from the Pardhi community says about India’s policing practices

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