Why Supreme Court Took Suo Motu Cognisance in Twisha Sharma Death Case

The CSR Journal Magazine

The Supreme Court has taken suo motu cognisance of the death of Twisha Sharma, urging both her family and the accused, her husband Samarth Singh and mother-in-law, a former judge, to refrain from making public statements about the investigation. This call was made to ensure that the ongoing inquiry does not get influenced by external narratives.

The bench, led by Justices Surya Kant and Joymalya Bagchi, expressed concern over the ongoing discourse that portrays the judiciary as incapable of conducting a fair investigation due to the legal backgrounds of the accused. The court emphasised that the creation of such a narrative had caused significant apprehension, which was a key factor prompting the initiation of suo motu proceedings.

Chief Justice of India (CJI) Kant expressed his discontent with the situation, stating that the families involved should refrain from making public comments, which could undermine the perceived integrity of the legal process. The court has committed to ensuring that the investigation is carried out impartially and without bias.

Focus on Impartial Investigation

During the proceedings, the Supreme Court reaffirmed that it would oversee the investigation to dispel unfounded perceptions of bias. Both families were urged to communicate their concerns directly to the investigative agencies instead of through media channels. The Supreme Court articulated a desire to maintain the dignity of the investigation, advising all parties to avoid sensationalism.

Furthermore, the court highlighted the obligation of the media to exercise caution when reporting on the case, particularly avoiding interviews with potential witnesses or suspects. The court noted that such actions could prejudice the ongoing investigation, which is of paramount importance.

The Madhya Pradesh government informed the court that the investigation would be handed over to the Central Bureau of Investigation (CBI). The court acknowledged this development and noted that a second post-mortem examination had been ordered by the Madhya Pradesh High Court to bolster public confidence in the procedure.

Ongoing Legal Proceedings and Community Concerns

Legal complications surrounding the case continue to unfold, with separate petitions filed by Twisha Sharma’s father and the Madhya Pradesh government contesting the anticipatory bail granted to the deceased’s mother-in-law, Giribala Singh. The High Court has scheduled hearings for May 27 at 2:30 PM to address these petitions.

During consultations, Solicitor General Tushar Mehta highlighted the ongoing public statements made by Giribala Singh, which allegedly demean the victim. He pointed out that while the FIR was indeed registered on May 15 and that her anticipatory bail was granted swiftly, the nature of her public comments was problematic and potentially detrimental to the investigation.

In his arguments, Mehta insisted on the need for urgency in the hearings, aiming to protect the integrity of the legal proceedings. The court has refrained from commenting on the merits of the case, allowing the investigation to proceed independently while determining the appropriate course of action in light of the upcoming requests for bail hearings.

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