The case is being heard by a bench headed by Chief Justice of India (CJI) Surya Kant, and comprising justices Joymalya Bagchi and Vipul M Pancholi.
New Delhi: Central investigating agency, the Central Bureau of Investigation (CBI), is likely to start an investigation within a day into the death of Twisha Sharma, the 33-year-old actor-model, at her matrimonial home in Bhopal, Madhya Pradesh, the Supreme Court was informed on Monday, 25 May. This has happened when there have been mounting allegations of institutional bias, procedural irregularities and possible lapses in the investigation.
The case is being heard by a bench headed by Chief Justice of India (CJI) Surya Kant, and comprising justices Joymalya Bagchi and Vipul M Pancholi, who recorded the statement by the Madhya Pradesh government that it has already written to the Centre recommending a CBI probe into the matter.
Solicitor General Tushar Mehta, who is representing the state of Madhya Pradesh, told the bench that the Department of Personnel and Training (DoPT) notification enabling the CBI to formally take over the investigation was likely to be issued during the day.
“The investigation has to be conducted fairly and dispassionately all through,” observed the bench, requesting both sides to refrain from making public statements and urging the media not to publicise or broadcast statements of potential witnesses while the probe is underway.
“We are against the narrative that is being created. That is why CBI should take over,” the bench remarked during the hearing. It said that while it did not doubt the fairness of the state police, an independent agency investigating the matter would inspire greater confidence in the facts of the case.
On the other hand, the top court expressed its worries over the public discourse about the case and the allegations that the judiciary was influencing the investigation because the deceased’s husband is a lawyer and her mother-in-law is a retired judge.
“We are slightly pained at the developments. It is unfortunate that it is being said that the judiciary is derailing the trial,” remarked the bench.
In its order, the bench noted that a news report published on May 18 had raised questions regarding “institutional bias and discrepancies” in the investigation, particularly because the husband of the deceased was a practising lawyer and the mother-in-law a former district judge.
“A narrative was also created that fair investigation was denied due to involvement of judiciary. That is why suo motu proceedings were initiated,” the court recorded as it also requested the media “to avoid recording statements of persons who are likely to be potential witnesses”.