CBI likely to take over Twisha Sharma death probe within a day, SC informed

THe sublime margaret court on mon was informed that the exchange Bureau of investigating (CBI) is expected to take over within a day the probe into the unnatural death of 32-year-old actor-model Twisha Sharma at her matrimonial home in Madhya Pradesh, amid mounting allegations of institutional bias, procedural irregularities and possible lapses in the investigation.A bench led by Surya Kant and comprising justices Joymalya Bagchi and Vipul M Pancholi 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, appearing for the state, 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, while 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, adding that while it had “no doubt” about the fairness of the state police, an independent agency investigating the matter would inspire greater confidence in the facts of the case.Also Read: Twisha Sharma SC hearing LIVE: Solicitor General Tushar Mehta says ‘better to have a divorced daughter than a dead one’The top court also expressed concern over the public discourse surrounding 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 a former judicial officer.“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.The matter has been registered suo motu by the apex court as “In Re: Alleged institutional bias and procedural discrepancies in the unnatural death of a young girl at her matrimonial home”, based on media reports and attendant circumstances.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.The court noted that a second autopsy had already been conducted in Bhopal by a team from AIIMS Delhi pursuant to directions issued by the Madhya Pradesh High Court, and that the cremation had since taken place.“The only issue as of now survives for consideration is consent to the recommendation for CBI probe,” the bench said in its order, recording the assurance by the solicitor general that the matter would be taken up with the authorities so that the CBI “immediately takes over the investigation”.During the hearing, senior advocate Sidharth Luthra, appearing for Sharma’s family, argued that the case involved concerns of “institutional bias”, alleging delay in registration of the FIR and failure to preserve evidence. “Each day evidence will get lost,” Luthra submitted.Responding to the concerns, the bench assured the family that the top court would ensure an impartial investigation.“We will ensure that this incident is impartially investigated. Get your statements recorded,” said the bench, while reiterating the request to the media not to turn witness accounts into “sound bites”.The bench also underscored that “fair trial has been ensured now” once the CBI takes over the probe.At one stage, Mehta told the court that the controversy had intensified after one of the “potential accused”, referring to Sharma’s mother-in-law and former district judge Giribala Singh, gave media interviews allegedly maligning the deceased.Mehta informed the court that Giribala Singh had been granted anticipatory bail on May 15, which has since been challenged both by the state government and the victim’s family before the Madhya Pradesh high court.He further said the police had repeatedly asked her to record her statement, but she had allegedly declined to appear, following which investigators offered to visit her residence for recording her statement.Senior advocate Siddhartha Dave, appearing for the accused side, also flagged concerns over media reportage, telling the bench that even his statement made before the police had been published in newspapers and urged the bench to ensure a fair probe for both sides.The bench then cautioned all sides against litigating the matter in public.“We would like to impress upon family of victim that instead of making statements in public or before media, they should get their versions recorded before the investigating agency so that no prejudice or adverse impact is caused to the ongoing investigation,” the order said.The court also requested the media “to avoid recording statements of persons who are likely to be potential witnesses”.“This shall avoid unnecessary premature impression of outcomes on certain issues which have to be investigated,” the order added, while asking the public to “refrain from speculation and have trust and faith in the most premier investigating agency”.Clarifying that it had expressed no opinion on the merits of the allegations, the bench said it was entirely for the investigating agency to examine all aspects of the case.Sharma was found dead at her home in Bhopal’s Katara Hills area on May 12, barely five months after her marriage to advocate Samarth Singh. Her family has alleged dowry harassment, mental and physical torture, and murder, allegations denied by the accused side, which has maintained that she died by suicide.Singh, who had remained absconding for 10 days after an FIR was registered against him and his mother, surrendered before the Bhopal police on May 22 and is currently in police custody.The case has drawn widespread public attention amid allegations regarding handling of forensic evidence, CCTV footage, delays in lodging the FIR and possible influence in the investigation. The National Commission for Women had earlier also taken suo motu cognisance of the matter, describing the death as “suspicious” and seeking an action taken report from local authorities.