Arrest BSP MLA’s husband needed in homicide case or face coercive motion: SC to Madhya Pradesh DGP

Stating that “an effort is being made to shield the accused”, the Supreme Court has directed the Madhya Pradesh police chief to make sure the arrest of a BSP MLA’s husband, who is needed in a two-year-old homicide case of Congress chief Devendra Chourasia, earlier than April 5 and warned him of coercive motion.
It directed the Director General of Police (DGP) to file a reply mentioning when and for what cause safety was granted to Govind Singh, the husband of BSP MLA Rambai Singh, and whether or not the safety remains to be being offered to him.
A bench of justices DY Chandrachud and M R Shah termed as “unacceptable” an affidavit by the DGP wherein he acknowledged that regardless of the efforts which had been made in pursuance of the earlier order of the court docket on March 12, the police haven’t been capable of apprehend and arrest the accused.
“We issue a direction to the Director General of Police to take necessary steps to ensure that the previous order of this court is complied with before the next date of listing, failing which the court will be constrained to take coercive steps in accordance with law”, the bench stated.
The prime court docket stated that the DGP’s affidavit, “defies reason as to how an accused who is the spouse of a sitting Member of the Legislative Assembly has not been arrested despite being arraigned in pursuance of the provisions of Section 319 of the Code of Criminal Procedure 1973 to face trial for an offence under Section 302 of the Indian Penal Code 1860”.
The prime court docket stated that “an effort is being made to shield the accused from the due process of criminal law”.
In its March 26 order, the bench stated, “The court was informed that earlier the accused was even given security by the police though it is stated by Counsel for the State that it is now withdrawn”.
It stated that the DGP also needs to apprise the court docket the date on which the safety was withdrawn.
The prime court docket was listening to pleas by Somesh, son of Devendra Chaurasia, and the state authorities searching for cancellation of bail granted to Govind Singh.
The pleas claimed he was concerned in a number of homicide instances whereas on bail.
On March 13, the highest court docket had taken “serious note” of the Madhya Pradesh Police’s failure to arrest Govind Singh and the alleged harassment of a judicial officer by the Damoh Superintendent of Police. It had requested the DGP to investigate into the allegations levelled by the Additional Sessions Judge (ASJ).
The ASJ, who’s conducting the trial in instances involving Govind Singh, has made him an accused within the homicide case beneath part 319 of CrPC (Power to proceed towards different individuals showing to be responsible of offence).
The decide had famous in his February 8 order that he’s being “pressured” by the Damoh SP and his subordinates.
The prime court docket had famous that regardless of a non-bailable arrest warrant towards Govind Singh, he has evaded arrest and the rule of legislation should be preserved by arresting him.

It had stated the judicial officer has claimed that the accused, who’re “highly influential political persons”, have raised false allegations towards him and apprehends that he could also be subjected to an “unpleasant incident” sooner or later.
“We take critical observe of the way wherein the Additional Sessions Judge, Hata, who’s in command of the legal case, has been harassed by the legislation enforcement equipment in Damoh.
“We have no reason to disbelieve a judicial officer who has made an impassioned plea that he was being pressurized as a result of his orders under Section 319 of the CrPC,” the highest court docket had stated.
It had requested the DGP to investigate into the allegations towards the Damoh Superintendent of Police and even sought a response from the SP.
The prime court docket had famous that regardless of the registration of an FIR on March 15, 2019, wherein Somesh has alleged that Govind Singh was complicit within the homicide of his father, no steps have been taken by the investigating authorities to arrest him.
The prime court docket had directed the state authorities to supply sufficient safety to the judicial officer.
The Madhya Pradesh authorities had earlier submitted to the highest court docket {that a} warrant of arrest was issued towards Singh and a proclamation beneath Section 82 of the CrPC on March 4 with an award of Rs 10,000.
Chaurasia was killed in March 2019 after he joined the Congress. The police had then registered a homicide case towards Govind Singh and others.