The Supreme Court of India.
Credit: PTI File Photo
New Delhi: The Supreme Court has said the reporting of commission of a cognisable offence is a statutory obligation on one and all, and if such a report gets discarded by the police, deliberately or otherwise, the vigilant section of society or social help groups can espouse the cause for securing justice to the voiceless victims or those silenced under mysterious circumstances.
A bench of Justices Surya Kant and Ujjal Bhuyan rejected an objection made by the Madhya Pradesh government over maintainability of a habeas corpus petition filed by OBC Mahasabha with regard to disappearance of Mansingh Patel since 2016 following a dispute of land allegedly involving BJP leader and Minister Govind Singh Rajput.
The court ordered the Madhya Pradesh police chief to constitute a special investigation team, comprising senior police officers to investigate the matter.
"We are, however, not impressed by the objection by the Madhya Pradesh government," the bench said.
The court said all that the petitioner, OBC Mahasabha has sought is only a fair investigation into the allegations of conspicuous disappearance of a person, who was robbed off his highly valuable property before he eclipsed from the scene.
"There is no gainsaying that the lurking suspicion in the mind of those who are known to the missing person ought to be satisfactorily removed, even in the interest of those against whom needle of suspicion is raised," the bench said.
The court said it failed to understand why the local police has not been able to trace out the missing person.
The police from Sagar district claimed the missing report filed by Sita Ram Patel, son of Mansingh was found as false and without factual foundation. It also claimed the police formed an SIT to probe the matter.
"Owing to the serious nature of allegations and the persons whom such allegations are attributed, the composition of SIT is a mere eye-wash. It won’t be possible at all for that SIT to take the investigation to a logical conclusion which can inspire the confidence of the family, near and dear ones of the victim or the public in general," the bench said.
The court order the Madhya Pradesh Director General of Police, to constitute an SIT comprising of an officer in the rank of Inspector General of Police, as its head, an Officer in the rank of Senior Superintendent of Police; and another Officer in the rank of Superintendent or Additional Superintendent of Police – as members, which can associate some junior police officers to assist it in the course of investigation.
Without expressing any opinion on merits of the allegations, the bench said, the SIT should not take the version of the complainant Sita Ram Patel, as a gospel truth, knowing well that he keeps on changing his statement – for reasons best known to his conscience.