Supreme Court takes suo motu cognisance of Twisha Sharma death case

SC to hear Twisha Sharma dowry death case on Monday over probe discrepancies

The Supreme Court has stepped into the controversial Twisha Sharma death case, raising questions over alleged institutional bias and procedural lapses as scrutiny intensifies around the investigation into the young woman's death.

by · India Today

In Short

  • CJI Surya Kant-led three-judge bench to hear matter on May 25
  • Concerns over procedural lapses and judicial influence raised
  • Family alleges dowry harassment and institutional cover-up

The Supreme Court took suo motu cognisance of the Twisha Sharma case amid mounting concerns over alleged procedural lapses, institutional bias and claims that the investigation into the 33-year-old woman’s death may have been compromised.

A three-judge bench led by Chief Justice of India Surya Kant, along with Justice Joymalya Bagchi and Justice Vipul M Pancholi, will hear the matter on Monday, May 25.

The suo motu case has been registered under the title: “In Re: Alleged Institutional Bias and Procedural Discrepancies in the unnatural death of a young girl at her matrimonial home”.

Twisha Sharma, a corporate professional and former actor, died at her matrimonial home in Bhopal on May 12.

NOTE PLACED BEFORE CJI

India Today has accessed the note placed by the Supreme Court Registry before CJI Surya Kant seeking permission to initiate suo motu proceedings in the matter.

The note said it was being placed before the Chief Justice “for directions to initiate suo motu proceedings on the basis of media reports and other attending circumstances concerning the death of Ms Twisha Sharma”.

The Registry pointed to allegations that the investigation may have been compromised because of alleged judicial influence arising from the deceased’s in-laws’ association with the judiciary.

“A perusal of the contents of the media reports, the subsequent developments in the matter, and the observations made by the HC indicates that a narrative is being projected by a section of the media suggesting that a fair and independent investigation has allegedly been compromised on account of judicial influence,” the note said.

The document added that the alleged influence was “purportedly arising from the fact that the deceased's mother-in-law is a retired District Judge”.

The Registry also referred to allegations of mental harassment, dowry-related demands and an alleged institutional cover-up.

“Additionally, apart from levelling allegations pertaining to mental harassment, dowry-related demands, and an alleged institutional cover-up purportedly arising from the deceased’s in-laws’ deep-rooted association with the judicial system, the family members of the deceased have also sought a Supreme Court-monitored investigation into the matter,” the note said.

SC REGISTRY SOUGHT DIRECTIONS FOR SUO MOTU CASE

The note sought directions from the Chief Justice on whether the apex court should take suo motu cognisance regarding “systemic issues concerning investigative integrity and fairness” in the case.

It further proposed that if approved, the matter should be registered as a “Suo-moto Writ Petition (Criminal)” and listed before an appropriate bench for directions on strengthening protocols for impartial probes in sensitive cases.

Under these circumstances, the Registry sought orders on:

  • “Suo moto cognizance of the systemic issues regarding investigative integrity and fairness in relation to this particular matter”
  • Registration of a suo motu criminal writ petition titled “In Re: Alleged Institutional Bias and Procedural Discrepancies in the unnatural death of a young girl at her matrimonial home”
  • Directions regarding strengthening protocols for impartial investigations in sensitive matters

CJI Surya Kant approved both prayers, following which the suo motu case was formally registered for hearing on Monday.

HIGH COURT HAD ORDERED SECOND POST-MORTEM

The family of the deceased had earlier moved the High Court seeking intervention in the matter.

Taking note of the concerns raised by the petitioner, the High Court observed that a second post-mortem examination was necessary “to clear all doubts from any quarter” and “to bolster the confidence of every common person in the entire process”.

Accordingly, the Director of AIIMS Delhi was directed to constitute an independent team of experts to travel to Bhopal and conduct the second examination.

AIIMS Delhi has since formed a four-member medical board for the procedure. Twisha Sharma’s body is currently being preserved at AIIMS Bhopal mortuary.

HUSBAND SENT TO SEVEN-DAY POLICE CUSTODY

Meanwhile, a Bhopal court on Saturday sent Twisha Sharma’s husband, Samarth Singh, to seven days of police custody after he was brought to Bhopal from Jabalpur earlier in the day.

Samarth Singh’s remand came a day after he surrendered before a Jabalpur court following the withdrawal of his anticipatory bail plea before the Madhya Pradesh High Court.

The court also ordered seizure of his passport during police custody.

Police sources said Samarth Singh, son of former judge and Bhopal Consumer Court chairperson Giribala Singh, was brought to Katara Hills police station around 2 am before being produced before the court.

Bhopal Police Commissioner Sanjay Kumar said police had sought remand for questioning.

Twisha Sharma’s family has accused her husband and in-laws of dowry harassment, alleging it drove her to death. Her in-laws, however, have claimed she was battling drug addiction.

After the hearing, Samarth Singh’s lawyer Gyanendra Sharma said the defence opposed the seven-day remand and sought only one day of custody.

“However, the court allowed the police plea in full. The defence accepted the order and would cooperate with the investigation,” he said.

Twisha Sharma’s brother, Harshit Rana, welcomed the remand order and renewed the family’s demand for a CBI probe.

He also alleged that Samarth Singh appeared unaffected during court proceedings and was “smiling inside the courtroom despite his wife’s death”.

NOTICE TO MOTHER-IN-LAW

Police are also preparing to record the statement of Samarth Singh’s mother, Giribala Singh, who had allegedly failed to appear for questioning despite repeated notices.

The Madhya Pradesh High Court has issued notice to her, returnable by May 25, on petitions seeking cancellation of the anticipatory bail granted to her by a Bhopal court.

Bhopal Police Commissioner Sanjay Kumar said the local police would continue the investigation until a central agency formally takes over, responding to questions on the state government’s recommendation for a CBI inquiry.

- Ends