Institute of Legal and Management Studies

The Supreme Court on Friday warned that it would frame contempt charges against officials of the Central Bureau of Investigation and the State of Madhya Pradesh over their failure to arrest two police officers allegedly responsible for the custodial death of 26-year-old Deva Pardhi and gave them time till October 7 to arrest the accused.

"Comply with the direction of the Apex Court of the country. If not complied, we know how to get the things complied. We will frame charges and consequences under the will follow under the Contempt of Courts Act. We are giving you an opportunity. We are proceeding slowly. We are not hasty, rushing to framing of charges yet", the Court said.

A bench of Justice BV Nagarathna and Justice R Mahadevan was hearing a contempt petition filed by Pardhi's mother alleging breach of the Court's May 15, 2025 order by which it ordered CBI to arrest within one month all officers responsible for the incident. The Court transferred the probe to CBI holding that the state police were attempting to cover up and influence the investigation.

“In view of the ensuing vacation, we direct that the respondents ensure the compliance of the order of this Court and report compliance on or before October 7, 2025. In case there is compliance, the petitioner's counsel may mention the same and the matter will be listed on October 8, 2025. If there is no compliance, then respondent no.1 (Additional Chief Secretary (Home) of the State) and the respondent no. 3 (investigating officer of CBI) shall be present in the Court. It is needless to observe that the State and the DGP shall provide all relevant information to the CBI for taking steps to comply with the direction of the Court", the Court ordered.

"Let them be present before this court. Let them be ready for framing of charges and further steps", Justice Nagarathna said.

Two police officers accused in the case - Sanjit Singh Mawai and Uttam Singh Kushwaha - have not been arrested and, according to CBI, have been absconding since April 2025.

On Tuesday, the Court pulled up the CBI for its inability to trace and arrest them. The Court also warned the CBI that it would be held accountable if anything untoward happened to Gangaram Pardhi, the sole eyewitness and uncle of the deceased, who remains in judicial custody.

On Thursday, ASG Raja Thakare for the CBI told the Court that CBI had conducted physical surveillance, tracked financial transactions, checked toll data and social media, and announced a ₹2-lakh reward to trace the two officers. The bench called these efforts “eyewash”.

It also emerged that the officers were suspended only the previous day despite months of absence from duty, leading the Court to question Madhya Pradesh for its inaction. Advocate Payoshi Roy said highlighted that both continued to draw salary until the day before.

The Court re-arrayed Madhya Pradesh as a respondent and listed the case for 10:30 a.m. today. Justice Nagarathna remarked that the “best thing” the State could say was that both officers had been arrested.

When the matter came up today, the State told the Court the two officers had not been paid since May 2025. The state's counsel said, “They have not been paid salary since May. They were on the line for this even before the court's order. But they are absconding.”

Justice Nagarathna again questioned the state and CBI for not tracing them. "If it had been private persons you would have found them immediately”, Justice Nagarathna said. The state said it was ready to provide all machinery required by the CBI.

Advocate Payoshi Roy for the petitioner alleged that the efforts to trace them were not genuine, were merely giving them time to escape. "They are just buying time so that enough pressure is put on the eyewitness and he resigns.” She pointed out that the first time CBI went to the officers' homes was after the one-month deadline set by the Court on May 15 had already expired.

Additional Solicitor General Raja Thakare for the CBI said the agency was taking all steps to trace them and sought time to trace and arrest the two officers. Justice Nagarathna, however, said, “We are not convinced by your arguments. Next step we will frame contempt charges. Let the respondents appear.”

Justice Mahadevan pointed out that they are untraceable since 15th April and question how they still haven't been found when one of them filed anticipatory bail application in August.

The bench said that the two police officers are in aggravated contempt of court for filing anticipatory bail applications despite Supreme Court order to arrest them. After both CBI and state sought more time to comply, the Court granted them a final opportunity.

Case No. – Conmt. Pet.(C) No. 594/2025

Case Title – Hansura Bai v. Hanuman Prasad Meena