The Supreme Court on Wednesday directed the Madhya Pradesh government and the Central Bureau of Investigation to explain why it had delayed arresting two police officers accused in the alleged custodial torture and death of an Adivasi man, PTI reported.

In July 2024, ahead of his wedding, 25-year-old Deva Pardhi and his uncle Gangaram Pardhi were arrested on charges of theft. The family was later informed that Deva Pardhi had died in custody.

The police claimed Deva Pardhi had died of a heart attack, but the family alleged that both men were tortured in custody.

On September 26, the Supreme Court warned that it would initiate contempt proceedings against officials of the CBI and the Madhya Pradesh government if they failed to arrest the two police officers accused in Deva Pardhi’s death.

Appearing for the CBI on Wednesday, Additional Solicitor General Raja Thakare told the court that both the accused police officers – Uttam Singh Kushwaha and Sanjeev Singh – had been arrested, reported Bar and Bench.

While Kushwaha was arrested in Indore on September 27, Singh was taken into custody in Shivpuri on October 5.

A bench of Justices BV Nagarathna and R Mahadevan noted that an order issued by the court on May 15 had given the authorities a month to arrest the two men, but this was not done. It added that the arrests took place only after a contempt petition was filed in the matter.

“What happened all these days?” PTI quoted the bench as saying. “Why couldn’t you trace them? We have to almost frame contempt charges for you to act. This is not how Supreme Court order should be applied. There was a three-judge bench order to arrest.”

Kushwaha had been an assistant sub-inspector when Deva Pardhi died at Myana Police Station in the district, while Singh was in charge of the station at the time.

The bench directed the state government to inform it about the departmental action taken against the two officers.

The matter has been listed for further hearing on November 6.

On May 15, the case was transferred to the CBI after the court found that the Madhya Pradesh Police had not conducted the investigation “in a fair and transparent manner.” It had directed at the time that if the officers were found responsible, they must be arrested within a month.

When no action was taken despite the court order, Deva Pardhi’s mother filed a contempt petition in the court, alleging wilful disobedience of the May 15 direction.

On September 23, the court, while hearing the contempt petition, gave the CBI two days to arrest the police officers accused in the case. The judges had also expressed anger at the agency’s explanation that Kushwaha and Mavai had been absconding since April.

On September 26, the court had warned that the law cannot operate differently for those in uniform.

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

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