You can't plead helplessness: SC raps CBI for failing to arrest absconding MP cops in custodial death case

Pulling up the CBI for failing to arrest absconding police officials accused in a custodial death case in Madhya Pradesh, the Supreme Court on Tuesday warned them of contempt of court action.“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 (declaring the accused as proclaimed offender) is there, we can't trace (him).' Please don't plead helplessness. We will only say your helplessness feels in the garb of protection,” a Bench of Justice BV Nagarathna and Justice R Mahadevan said, posting the matter for further hearing on September 25.

The Bench was hearing a contempt plea of the mother of the 24-year-old victim alleging non-compliance of top court's May 15 order, transferring the investigation from Madhya Pradesh Police to the CBI.

The local police had allegedly attempted a cover up besides influencing the probe into the death.

“We will not spare you (CBI officials) if anything untoward happens to Gangaram Pardhi (uncle of deceased Deva Pardhi) and there is a second custodial event. Please inform the prison officials supervising his judicial custody. There cannot be a second custodial death otherwise we will take it seriously. Please convey it”, it said. Pardhi's uncle, the sole eyewitness to the incident, is currently in judicial custody.

The court’s outburst came after the CBI expressed its inability to arrest the two police officers -- Sanjiv Singh Mawai and Uttam Singh Kushwaha -- who have been absconding since April.

The top court had on May 15, 2025 transferred the probe into the alleged custodial torture and murder of Pardhi to the CBI after it found that the state police were continuously trying to cover up and influence the investigation.