The Supreme Court on Tuesday pulled up the CBI for failing to arrest two Madhya Pradesh police officers for their alleged role in the custodial death of a 26-year-old Dalit man in July 2024 at the state’s Myana police station.

“This can’t go on like this. 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,” a bench of Justices B.V. Nagarathna and R. Mahadevan told the counsel appearing for
the CBI.

“We will not spare you if anything untoward happens to the sole witness and there is a second custodial event,” the bench added.

The court was referring to the apprehensions of the family of the deceased Deva Pardhi that even his uncle, Gangaram Pardhi, who was an eyewitness to the “custodial death”, had reason to be wary of Madhya Pradesh police officers.

The CBI counsel said three police personnel had been arrested, but two others were absconding. He said the proclamation order against the two policemen had been issued, but the agency was unable to track them.

When the bench asked how come one of the absconding officers had filed an anticipatory bail plea in the state high court, the counsel clarified that it was the brother of the accused who had filed the plea.

“You are saying he is absconding, so we cannot do anything. What are you doing?” the bench asked, to which the CBI lawyer said the agency had conducted several raids at various places and was also undertaking digital surveillance to track the absconding cops. The court was dealing with the appeal filed by the family of Pardhi challenging the high court’s refusal to order a CBI probe into the alleged custodial death.

According to the family, on July 14, 2024, Pardhi was in the midst of preparations for his marriage when the police swooped on their house and arrested him and Gangaram in connection with theft cases. Pardhi died allegedly due to custodial torture.

The counsel for the family on Tuesday told the bench that repeated pressure is being put on Gangaram. According to the counsel, he was brutally beaten up in prison by jail officials in connivance with other Madhya Pradesh police personnel, compelling him to retract his statement against the accused officers.

“It is very unfortunate,” the bench observed, noting that even after the Supreme Court had on May 15 passed directions for the arrest of the police personnel, two of them continued to be at large. “We will frame charges against the chief secretary…,” the bench warned.

According to the CBI, policemen Sanjiv Singh Malviya and Uttam Singh Kushwaha have been absconding since April and the agency has secured non-bailable warrants against them. They have been declared proclaimed offenders and an application has been filed for the attachment of their properties.

“You know where they are. You are protecting,” the bench said, to which the counsel explained that the duo had been absconding before the matter came to the CBI.