New Delhi: The Madhya Pradesh High Court on Monday adjourned the hearing on pleas seeking cancellation of anticipatory bail granted to former district judge Giribala Singh in the alleged dowry death case of her daughter-in-law, Twisha Sharma. The case will now be heard on May 27.
Earlier this month, a Bhopal sessions court granted Giribala Singh anticipatory bail.
On May 12, Twisha Sharma, 33, was discovered hanging at her married residence in the Katara Hills in the neighbourhood of Bhopal. She had been married for just five months to lawyer Samarth Singh.
Twisha’s family has alleged that she was targeted for dowry harassment and abetment to suicide by her husband Samarth Singh and his family. They have claimed that she was murdered and accused Samarth Singh and his mother Giribala Singh of torturing her over dowry demands.
However, Twisha's in-laws refuted the accusations and asserted that she was addicted to drugs. Giribala Singh asserted that Twisha had mental health problems and committed suicide, calling the accusations “baseless.”
Samarth Singh and Giribala Singh have been charged with dowry harassment by the police.
CJI raises concern over ‘narrative’ around investigation
The case has drawn national attention after the Supreme Court of India instructed the Central Bureau of Investigation to take over the probe into Sharma’s death amid suspicions of institutional bias in the investigation because the accused involved a lawyer and a former district judge.
Following media reports that questioned the investigation's fairness, the Supreme Court took suo motu cognisance of the case. "In Re: Alleged Institutional Bias and Procedural Discrepancies in the Unnatural Death of Young Woman at Matrimonial Home" is the case's title.
Chief Justice Surya Kant voiced concerns throughout the hearings about the "narrative" surrounding the case and claims that the victim's husband, a practicing lawyer, and her mother, a former district judge, were influencing the probe.
“We are against the narrative that is being created. That is why the CBI should take it over. We believe the state police and judiciary," the CJI observed during the proceedings. The bench, also comprising Justice Joymalya Bagchi, further remarked, “Whatever unfortunate incident has taken place, it should be ensured that a fair, impartial investigation takes place."
Supreme Court asks media, families to avoid public statements
The top court was notified by Solicitor General Tushar Mehta that the CBI will take up the inquiry and that all administrative procedures would be finished right away. Mehta promised the court that he would speak with the relevant authorities to ensure the case was transferred to the CBI right away.
“The only issue as of now for our consideration is the recommendation made by the state of MP to hand over the investigation to the CBI,” he said.
The Supreme Court said it would ensure a “fair, independent, and impartial” investigation by the CBI while expressing concern over suggestions that the judiciary was shielding the accused.
“We are slightly in pain because of some of the actions. We will request our media friends to not go for the statements of the victim's family or the other family. Let the things move as per law and procedure,” the bench said.
“We request the media not to record statements of the victim's family and reduce their pain to sound bites,” it added. Senior advocate Siddharth Dave, appearing for the accused, raised concerns over media coverage and informed the court that the entire Section 164 CrPC statement had been published in newspapers.
The apex court urged both families to refrain from making public statements and instead cooperate with investigators.
“We also request the media to avoid recording statements of persons who are likely to be potential witnesses, as it may unnecessarily impact the outcomes on certain issues which are to be investigated,” the bench said.
“We also request the public that they should refrain from speculation and to have trust and faith in one of the premier investigating agencies. We are sure that in due course of time it will take the investigation to a conclusion,” it added while disposing of the suo motu case.
Second autopsy conducted at AIIMS Bhopal
During the hearing, Tushar Mehta additionally advised the court that Twisha’s mother-in-law was seen on television channels and made remarks allegedly maligning the victim, which increased media attention around the case.
He further informed the court that, as per the high court's orders, a team from AIIMS Bhopal performed a second autopsy on Sharma's body on Sunday. The attention of the case has switched to the impending CBI inquiry mandated by the Supreme Court, as the High Court has now postponed the anticipatory bail cancellation hearing till May 27.
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