New Delhi, Aug 12 The Supreme Court on Wednesday ordered a CBI probe into the circumstances leading to the custodial death of a 34-year-old man in Chhattisgarh in 2024, and directed the state to pay compensation of Rs 25 lakh to his wife and children.
It also said the CBI director shall ensure that a regular criminal case is registered against those responsible for the death of Shravan Suryavanshi.
Slamming the state authorities, the apex court said the explanation offered that neither any police action nor any disciplinary action was taken against those responsible because the judicial inquiry report had not been served upon the police officials was a "cover-up story and an attempt to pull the wool over the court's eyes".
It said the facts warranted immediate registration of an FIR and a thorough investigation into the circumstances leading to the death of Suryavanshi, which the state authorities conveniently and deliberately tried to cover up.
"In the facts and circumstances of the case, we are of the firm opinion that the ends of justice require that the investigation into the circumstances leading to the custodial death of Shravan be entrusted to the Central Bureau of Investigation and that all officials found responsible for the custodial violence, upon completion of the investigation, be proceeded against and prosecuted in accordance with law," a bench of justices Vikram Nath and Sandeep Mehta said.
It said the CBI director "shall forthwith ensure registration of a regular criminal case in relation to the custodial death of Shravan".
The bench passed the order on a plea filed by Suryavanshi's wife and children challenging a October 2024 verdict of the Chhattisgarh High Court.
The high court had held that Suryavanshi was subjected to custodial violence and died as a result thereof.
The high court had passed the order on the plea seeking compensation of Rs 50 lakh and appropriate action against officers responsible for the custodial death.
The apex court noted that the high court granted a meagre compensation of Rs one lakh to the petitioners and completely overlooked the prayer made for directing action against officers who were responsible for custodial death.
The bench said Suryavanshi was apprehended in connection with an FIR lodged in Bilaspur under the provision of the Chhattisgarh Excise Act, 1915.
According to the FIR, he was found in possession of three bottles containing six litres of raw 'Mahua' liquor valued at Rs 1,200.
The bench noted that Suryavanshi was lodged at central jail, Bilaspur, from where he was referred to a hospital on January 21, 2024 owing to deterioration in his health. He passed away on January 22, 2024 while undergoing treatment.
It noted that as Suryavanshi was in custody at the time of death, the jail superintendent sent a letter to the District and Sessions Judge requesting that a judicial inquiry be conducted into the custodial death.
An inquiry under Section 176 of the Code of Criminal Procedure was assigned to a judicial magistrate first class, Bilaspur.
The top court said the judicial magistrate conducted the inquiry and submitted a report dated July 22, 2024, opining that the death appeared to have been caused due to complications arising from head injury.
The bench noted that pursuant to its July 28 order, the Director General of Police, the Director General (Prisons) and the Principal Secretary (Home) of Chhattisgarh joined the hearing before it through virtual mode on August 4.
"Upon pertinent query being made by this court, the Director General of Police took a totally intransigent stance stating that, since the inquiry report under Section 176 CrPC had not been received by the police, there was no occasion for registration of a criminal case so as to investigate the custodial death of Shravan Suryavanshi," the bench said.
It said the inquiry report was submitted in July 2024 and these facts were also noticed by the high court.
"In this backdrop, the stance of blissful ignorance taken by the senior officers of the state of Chhattisgarh, including the Principal Secretary (Home); the Director General of Police and the Director General (Prisons), is sacrilegious and reflects a disturbing disregard of the statutory procedure governing custodial deaths," the bench said.
It said inquiry report was available on record when the high court proceeded to adjudicate the petition.
"Thus, the submission made by the Director General of Police before this court that there was no occasion to register a criminal case as the judicial inquiry report had not been received by the police officials is patently false and wholly reprehensible," it said.
It said the fact that post-mortem report was not placed before the high court and that relevant material was brought on record only pursuant to the directions issued by the top court further highlighted the "dilatory approach" adopted by state authorities.
The bench said the investigation be entrusted to a senior officer of the CBI and the same be conducted expeditiously.
It said the report of investigating officer be placed before the court for its perusal on the next date of hearing on October 13.
"The conduct of the concerned state officials in failing to take appropriate steps pursuant to the submission of the judicial inquiry report shall also be duly examined and made a part of the investigation," it said.
The bench said as an interim measure, compensation of Rs 25 lakh be paid by the state to the petitioners.
"The final quantum of compensation payable to the petitioners shall be determined while adjudicating the instant petition," it said.
