New Delhi: The Supreme Court on Wednesday strongly criticised the Central Bureau of Investigation (CBI) for the delay in arresting two policemen accused of custodial torture and death of a man from the Pardhi community in Madhya Pradesh's Guna.

The court had ordered the arrest of the policemen on May 15, 2025. However, the court on Wednesday noted that the duo was arrested only after the apex court came close to holding the agency in contempt, LiveLaw reported.

The court noted that the central agency had now filed an affidavit stating that the two officers, who were alleged to be absconding, were arrested on September 27 and October 5.

The affidavit came while a bench of Justices Justice B.V. Nagarathna and Justice R. Mahadevan was hearing a contempt petition alleging willful disobedience of the court's May 15 directive.

“What happened all these days? Why couldn't you trace them? We had to almost frame contempt charges for you to act. This is not how a Supreme Court order should be implemented. There was a three-judge bench order to arrest them,” Justice Nagarathna said.

“What departmental action has been taken against the two officers? They even filed for anticipatory bail despite this Court's clear order that they should be arrested,” she added.

The court noted the non-compliance with its May 15 order and said, “We find that the arrest has been made due to the stringent and strong remarks of this Court. The fact remains that there has been non-compliance of the order dated 15.05.2025 and only pursuant to this contempt petition and the observations made by this Court that the arrest has taken place.”

The state of Madhya Pradesh and the CBI have been directed to file an explanation for the delay in arrests and to inform the court of further departmental action against the two accused, the report said.

Urging for “concrete action” against the accused, the court has listed the matter for November 6.

Custodial torture

The case pertains to the death of 26-year-old Deva Pardhi, who was picked up from his home on the night of his wedding in 2024.

On July 13 last year, Deva was to marry his childhood sweetheart, Nikita, when he was taken from his home during a pre-marriage ritual. When Deva’s uncle, Gangaram, attempted to intervene, he was also detained. Deva was later killed in police custody, with Gangaram as the sole witness to the crime.

The Wire has previously reported that clear evidence from a judicial magistrate’s inquiry and medical reports have confirmed brutal custodial violence as the cause of Deva’s death.

Gangaram has since been booked in multiple cases of theft and dacoity, making his release from police custody impossible. Each time the courts granted Gangaram bail, the police detained him in another case.

During the hearing on Wednesday, advocate Payoshi Roy, appearing for the petitioner, informed the bench that Gangaram, who is currently in custody, has been denied basic communication rights.

Roy said, “We moved the jail authorities seeking permission for him to make phone calls to his family. The response was that only if there is a court order, permission will be granted.” Roy added that Gangaram has been arrested in seven of the ten cases filed against him.

“He can apply for bail, but why should there be a need for a court order to allow a phone call? This is the attitude!” Justice Nagarathna said.

The court directed the authorities to ensure that Gangaram is allowed to speak to his family. “Let the family members at least hear the voice of the person who is in custody,” Justice Nagarathna observed.

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