Supreme Court orders fresh SIT to probe allegations against Madhya Pradesh minister Govind Singh Rajput

The Supreme Court recently directed the formation of a new special investigation team (SIT) to probe the allegations that Madhya Pradesh (MP) Minister and Bharatiya Janata Party leader Govind Singh Rajput has illegally detained leaders of other backward class (OBC) communities [OBC Mahasabha v State of Madhya Pradesh and ors]..A Bench of Justices Surya Kant and Ujjal Bhuyan while disposing of a petition filed by OBC Mahasabha in this regard, directed that the probe be completed within four months.Aggrieved parties were given the liberty to move the apex court again for stringent measures if needed.The MP Director General of Police was directed to constitute the SIT comprising officers of the rank of an Inspector General, a Senior Superintendent, Superintendent (or Additional) who are direct Indian Police Service recruits of the MP cadre but not from the State. "The SIT shall be at liberty to associate some junior Police Officers to assist it in the course of investigation ... Missing Person Registration No.9/2016 shall be immediately registered as an FIR, though initially against unknown persons only ... The SIT is directed to join office bearers and members of the OBC – Mahasabha and other responsible persons of the area in the course of investigation. Their statements shall be video-graphed," it was ordered..The Bench was hearing a plea seeking a writ of Habeas Corpus to release one Man Singh Patel alleged to be under the illegal detention of Rajput and his aides in Sagar district of MP.The petitioners had directly moved the apex court citing the influence the accused wields since he is a cabinet minister. Earlier, the police stated that between September 2017 to September 2019, it visited various places to locate the missing person, but in vain. The top court rejected the contentions of the State against the plea's maintainability."We are, however, not impressed by the objection. The reporting of commission of a cognizable offence is a statutory obligation on one and all. Where such reporting has been discarded by the police, deliberately or otherwise, the vigilant section of society or social help groups are expected to espouse such cause for securing justice to the voiceless victims and/or those who have been silenced under mysterious circumstances." The petitioner has only sought a fair probe into the allegations of disappearance of a person, the Court noted."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."Further, the latest affidavit of the Sagar Superintendent of Police is conveniently silent about the whereabouts of the missing person, who may likely be dead by now, the Court said.Owing to the serious nature of allegations against the influential, the composition of the existing SIT by the State is a mere eye-wash, the Bench held. "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 observed..The Bench, thus, directed that a fresh SIT be constituted..Advocates Varun Thakur and Varinder Kumar Sharma appeard for the OBC Mahasabha.Additional Advocate General Saurabh Mishra with advocate Mrinal Gopal Elker appeared for the State of Madhya Pradesh.Senior Advocate Maninder Singh with advocate Nikhil Jain appeared for Rajput.Senior Advocate Zulfiquar Alam and advocates Brajesh Pandey, Sandeep, Kanchan Kumar Jha, and Anilendra Pandey appeared for other accused..[Read order]