The Central Bureau of Investigation (CBI) on Monday took over the probe into the death of 32-year-old model-actress Twisha Sharma at their matrimonial home in Madhya Pradesh, hours after the Supreme Court was informed that such a move was imminent, amid mounting allegations of institutional bias, procedural irregularities and possible loopholes in the investigation.
The agency has re-registered a dowry death case against the woman’s husband and mother-in-law under relevant sections of the BNS Act and the Dowry Prohibition Act. After taking over the case from the state police.
Earlier, a bench led by Chief Justice of India Surya Kant and comprising Justices Joymalia Bagchi and Vipul M Pancholi recorded the Madhya Pradesh government’s statement that it had already written to the Center recommending a CBI probe into the matter. Solicitor General Tushar Mehta, representing the state, told the bench that the Department of Personnel and Training (DoPT) notification enabling the CBI to formally take over the investigation is likely to be issued within the day.
“The investigation must be conducted fairly and impartially at all times,” the bench noted, while asking both sides to refrain from making public statements and urging the media not to publish or broadcast statements of potential witnesses while the investigation is underway. “We are against the narrative being created. That is why the CBI should take charge,” the bench said during the hearing, adding that while it had “no doubt” about the integrity of the state police, setting up an independent agency investigating the matter would inspire greater confidence in the facts of the case.
The Supreme Court also expressed concern about the public discourse surrounding the case and allegations that the judiciary was influencing the investigation because the deceased’s husband is a lawyer and her mother-in-law is a former judicial employee.
The court commented: “We feel a little pain from the developments… It is unfortunate that it is said that the judiciary is derailing the trial.”
The matter was registered suo motu by the Supreme Court under the title “In reply: Alleged institutional bias and procedural discrepancies in unnatural death of a young girl in matrimonial home”, based on media reports and attendant circumstances.
In its order, the panel noted that a news report published on May 18 raised questions about “institutional bias and contradictions” in the investigation, especially since the deceased’s husband was a practicing lawyer and her mother-in-law was a former district judge.
“A narrative has been created that a fair investigation has been denied due to interference by the judiciary. That is why the proceedings were initiated suo motu,” the court recorded.
The court noted that the second autopsy had already been conducted in Bhopal by a team from AIIMS Delhi as per the directions issued by the Madhya Pradesh High Court, and cremation had since taken place.
“The only issue that remains under consideration so far is the approval of the recommendation for CBI investigation,” the bench said in its order.
During the hearing, senior advocate Siddharth Luthra, representing the Sharma family, said the case involved concerns of “institutional bias”, alleging delay in registering the FIR and failure to preserve evidence. “Every day evidence is lost,” Luthra said.
In response to these concerns, the Council assured the family that the Supreme Court would ensure an impartial investigation.
“We will ensure an impartial investigation into this incident. Record your statements,” the council said, reiterating the request to the media not to turn witness accounts into “audio clips.” The bench also stressed that “fair trial has now been ensured” once the CBI took over the investigation.
Sharma was found dead at her home in Bhopal’s Katara Hills area on May 12, just five months after she married advocate Samarth Singh. Her family claimed that she was subjected to dowry harassment, psychological and physical torture, and murder, allegations that the accused side denied, and confirmed that she died by suicide.
