THE Supreme Court Friday rebuked the Madhya Pradesh police for failing to arrest a Bahujan Samaj Party (BSP) MLA’s husband, accused in the two-year-old murder case of Congress leader Devendra Chourasia.
A division bench of Justices DY Chandrachud and MR Shah directed the Director-General of Police (DGP) to immediately ensure the arrest of accused Govind Singh and report compliance by filing a personal affidavit before it.
It said the rule of law must be preserved.
The bench also took a strong view of the alleged harassment of Additional Sessions Judge, R P Sonkar, posted at district Damoh by the Superintendent of Police Damoh. It asked the DGP to inquire into the allegations. The court also issued a notice to the SP, Damoh.
“We take serious note of the manner in which the Additional Sessions Judge, Hata who is in charge of the criminal case has been harassed by the law enforcement machinery in Damoh. We have no reason to disbelieve a judicial officer who has made an impassioned plea that he was being pressurized as a result of his orders under Section 319 of the CrPC”, the bench said.
It also directed that adequate security be provided to ASJ Sonkar.
The court noted that despite the registration of an FIR on 15 March 2019, where the petitioner had alleged that the accused Govind Singh was complicit in the murder of his father, no steps had been taken by the investigating authorities to arrest the accused.
On the contrary, the apex court said, it was the Additional Sessions Judge who was constrained to arraign Govind Singh under Section 319 (Power to proceed against other persons appearing to be guilty of offence.) of the CrPC.
ASJ Sonkar, in his order, on February 8 said he was being pressurized by the Superintendent of Police, Damoh, together with his subordinates. He expressed apprehension that the accused who were “highly influential political persons” had raised false allegations against him and applied for the transfer of the pending case which was dismissed by the District Judge after it was found to be false. The judge apprehended that he may be subjected to an “unpleasant incident” in the future.
The bench also took note of 28 other criminal cases in which Govind Singh was facing prosecution.
It has now listed the matter for March 25 for compliance.
Govind Singh had also been convicted in a murder case in the past. The Madhya Pradesh High Court, however, in 2016 suspended his sentence pending his appeal. Two applications for cancellation of bail were filed by the petitioner-son of deceased Devendra Chourasia, as well as by the State of Madhya Pradesh. It was said that while on bail, accused Govind Singh murdered the father of the petitioner.
The High Court had declined the applications seeking cancellation of his bail.
Read the Order
http://theleaflet.in/wp-content/uploads/2021/03/21783_2020_35_27_26890_Order_12-Mar-2021.pdf
