The Supreme Court on Friday warned that it would initiate contempt proceedings against officials of the Central Bureau of Investigation and the Madhya Pradesh government if they fail to arrest two police officers accused in the alleged custodial torture and death of an Adivasi man by October 7, Live Law reported.

“Comply with the direction of the apex court,” the legal news outlet quoted the court as saying. “If not complied, we know how to get the things complied. We will frame charges and consequences…will follow under the Contempt of Courts Act.”

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

The Supreme Court had directed at the time that if the officers were found responsible, they must be arrested within a month.

On Tuesday, the Supreme Court while hearing a contempt petition filed by Deva Pardhi’s mother gave the central agency two days to arrest the police officers accused in the case.

The judges had 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.

On Friday, the bench of Justices BV Nagarathna and R Mahadevan said that the law cannot operate differently for those in uniform, Bar and Bench reported.

The judges noted that had the accused been private individuals they would have been arrested within 15 days. “Because they are inspectors, you are finding it difficult to arrest them,” Bar and Bench quoted the court as saying.

On Thursday, the Supreme Court had asked why the absconding officers were still receiving salaries and had not been suspended, Bar and Bench reported.

On Friday, the bench was informed that the officers had been suspended and their salaries stopped.

The bench also rejected the Central Bureau of Investigation’s claim that it was struggling to trace the officers.

When the agency said it had announced a Rs 2 lakh reward, tracked financial transactions, scanned toll data and social media, and conducted physical surveillance, the court dismissed these efforts as “eyewash,” Live Law reported.

The court will next hear the matter on October 8 if a compliance report is not filed by October 7.

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

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