The Supreme Court on Monday underscored the need for a "fair and impartial" probe into the death of former actor-model Twisha Sharma, while backing the Madhya Pradesh government's decision to recommend a Central Bureau of Investigation (CBI) probe amid allegations of institutional bias and mounting public scrutiny over the case.
Hearing the matter suo motu, a three-judge bench led by Chief Justice of India Surya Kant said an "independent agency" should take over the investigation in the interest of all parties involved.
The top court also referred to an India Today report published on May 18, saying it had raised concerns about alleged institutional bias and discrepancies in the investigation.
Twisha Sharma, 33, was found hanging at her matrimonial home in Bhopal on May 12. Her family has accused her in-laws of dowry harassment and abetment to suicide, while the in-laws claimed she was battling drug addiction.
TOP QUOTES FROM SUPREME COURT
"A news article published by India Today on May 18 raised questions of institutional bias and discrepancies. The reason that was reported for the alleged lack of impartiality was that the husband of Twisha Sharma is a practising lawyer and the mother is a former district judge," the Chief Justice observed.
The court noted that questions had been raised over whether "undue influence" could be exercised during the investigation because of the background of the accused family.
"A narrative was also created that fair investigation was denied due to the involvement of the judiciary. That is why suo motu proceedings were initiated," the bench said, while noting that the High Court had meanwhile directed a second post-mortem.
Appreciating the state government's move to hand over the case to the CBI, the Chief Justice said, "We appreciate the state's decision to recommend a CBI investigation".
"At this stage, in the interest of all, an independent agency should take over," the bench observed, while adding that it had "no doubt" over the functioning of state agencies.
"We have no doubt that agencies will investigate properly. But a narrative is being created, so an independent agency should take over," the Chief Justice noted.
The Supreme Court repeatedly urged both sides and the media to avoid making public statements that could prejudice the investigation.
"We request media friends, don't give out statements about the families. Let the investigation go on," the bench said.
Referring to the public discourse around the case, the Supreme Court observed, "Mother-in-law is a former district judge, so the media is unfortunately saying that the judiciary is not allowing a fair trial".
The court added that statements should be made "before the agency, not at other places".
"Whatever unfortunate incident has taken place, it should be ensured that a fair and impartial investigation is taking place," the court said.
"We request both sides don't make statements like this," the bench added.
The Supreme Court further said it did not need to pass any directions at this stage since the state government had already proposed transferring the case to the CBI.
Responding to the emotional dimension of the case, the court observed, "The kind of agony it causes for family, near and dear ones, we all have sympathy. But there is a procedure under law".
During the proceedings, Solicitor General Tushar Mehta submitted Madhya Pradesh's government's side, saying that "a divorced daughter is better than a dead one".
THE DOWRY DEATH CASE
The case escalated into a national controversy because of the background of the accused. Twisha's husband, Samarth Singh, is a practising lawyer, while her mother-in-law, Giribala Singh, is a retired district judge.
Following public outrage and protests by Twisha's family outside the residence of Madhya Pradesh Chief Minister Mohan Yadav, the state government assured the family that the case would be transferred to the CBI.
Samarth Singh was remanded to police custody by a Bhopal court on Saturday.
The apex court took the unusual step of initiating suo motu proceedings in the matter amid allegations that the initial investigation and post-mortem lacked transparency.
Twisha's family had approached AIIMS Delhi, requesting a multidisciplinary forensic, pathological and radiological examination to independently assess concerns they claimed were not addressed in the first post-mortem conducted in Bhopal.
The Sharma family alleged there were blunt force injuries on Twisha's left arm and forearm, inadequate dissection to determine the depth and age of injuries, and no radiological examination of the neck and cervical structures.
Twisha's last rites were conducted in Bhopal on Sunday evening, with her brother Harshit lighting the funeral pyre after what the family described as a 12-day struggle for justice.
