BHOPAL: Legal proceedings in the high-profile alleged dowry death case of 33-year-old former model and actor Twisha Sharma shifted from Bhopal to Jabalpur on Thursday.
Twisha’s absconding husband, Samarth Singh, who is accused in the May 12 dowry death and harassment case, moved the principal bench of the Madhya Pradesh High Court in Jabalpur with an anticipatory bail plea after a court in Bhopal denied him anticipatory bail.
While confirming the development, Samarth’s counsel Mrigendra Singh told the TNIE that the anticipatory bail plea is likely to come up for hearing before the vacation judge in the High Court next week.
The senior advocate further told the TNIE that he has also advised his clients – Samarth Singh and his ex-judge mother Giribala Singh (both accused in the dowry death case registered on May 15 at Bhopal’s Katara Hills police station) – to file a writ petition before the MP High Court, for a CBI enquiry into the case.
“The way Twisha's family is baselessly accusing my clients of trying to influence the investigations in the case and misusing official machinery, it’s best that we should ourselves petition the HC to order a CBI probe in the matter. I’ve advised former judge Giribala Singh for filing a petition for it,” advocate Mrigendra Singh said.
Importantly, while Giribala Singh was granted anticipatory bail by a Bhopal court on May 17, her son and co-accused Samarth Singh was denied anticipatory bail by the same court on May 18, since when he has been untraceable, forcing the Bhopal Police Commissioner to increase the bounty (for getting clinching info about him) on his arrest from Rs 10,000 to Rs 30,000.
In a related development, Twisha’s father Navnidhi Sharma petitioned the MP High Court in Jabalpur on Thursday for cancelling the anticipatory bail granted by a Bhopal court to Giribala Singh on May 17.
Sharma is also set to file a petition in the HC, seeking a second post-mortem examination of Twisha’s body (kept in AIIMS-Bhopal mortuary since the autopsy on May 13) at the AIIMS-Delhi. Earlier, on Wednesday a judicial magistrate first class (JMFC) court in Bhopal had dismissed a similar plea by Twisha’s family, citing its jurisdictional constraints. The Bhopal court had, however, directed the Bhopal police to find a medical institution in MP, where the body could be preserved at the requisite minus 80-degree Celsius temperature.
“Entire autopsy procedure has been carried out by a medical board comprising multiple doctors, which has also been video-graphed. Seeking a second post-mortem of the body elsewhere is the right of Twisha’s family, but it is like doubting the experience and capabilities of the AIIMS-Bhopal doctors. Further, there is no provision of revised post-mortem of a body in either the old CrPc or the new BNSS law, except in extraordinary cases,” Samarth’s senior counsel added.
Twisha’s family, meanwhile, is also preparing to petition the MPHC, seeking preservation, protection and forensic security of relevant communication records (mobile phone call detail records, tower location data, electronic communication records, internet usage logs, WhatsApp and digital metadata and other connected electronic evidence pertaining to at least 46 mobile phone numbers. Twisha’s family alleged that those operating these phone numbers (particularly suspected to be from judiciary circles) were in contact with the accused mother-son duo on or after the day of Twisha’s death.
CBI probe?
A day after MP CM Dr Mohan Yadav assured Twisha’s father and army officer brother of recommending CBI probe into the case currently being probed by a Bhopal Police SIT, the state police set the ball in motion on Thursday.
The crime investigation department (CID) at state police headquarters prepared the draft for handing over the SIT probe to the CBI, in pursuance with the provisions of Section 6 of Delhi Special Police Establishment Act. The draft, after being signed by the state’s DGP Kailash Makwana has been sent to the state home department, which will forward it to the central government. This meant that the state police have already initiated the process of handing over the investigations in the high-profile case to CBI.
While Twisha’s father and brother have since the start been demanding CBI probe into the May 12 death, now even the accused mother-son duo’s counsel in the MP High Court, has advised them to file a writ petition in the HC seeking CBI probe.
Ex-judge Giribala Singh not cooperating with police
While Twisha’s family has already petitioned the MPHC for cancelling ex-judge Giribala Singh’s anticipatory bail, even the Bhopal police may seek similar action in the coming days, as she is yet to cooperate with the police to record her statements, despite at least three notices by the cops to record her statements for aiding the ongoing investigations, a senior Bhopal police's officer told the TNIE.
Her legal team, however, said that being a reputed ex-judge, she has deep respect for the law and she will certainly cooperate with the cops.
MP government initiates probe against Twisha’s ex-judge mother-in-law Giribala Singh
Meanwhile, the state’s food, civil supplies and consumer protection department has initiated an enquiry against Giribala Singh.
In the light of Giribala Singh – who is currently the president of Bhopal-2 District Consumer Disputes Redressal Commission – being named in Twisha’s dowry death FIR as one of the named accused, the department has sought from the Registrar of MP State Consumer Disputes Redressal Commission, a detailed investigation report about Singh under the 2020 rules pertaining to qualification, appointment process, working tenure, removal/resignation from the post. This move by the state government is being seen as the start of the process to remove Singh from the head of the quasi-judicial body in Bhopal.
Importantly, Twisha’s father Navnidhi Sharma had on Wednesday written to the state’s Governor Mangubhai C Patel to remove Twisha’s ex-judge mother-in-law Giribala Sharma as the president of Bhopal-2 District Consumer Disputes Redressal Commission, pending completion of the investigation and connected proceedings arising out of the dowry death and harassment case registered against her and son Samarth on May 15 at Bhopal’s Katara Hills Police Station.
A District Consumer Disputes Redressal Commission (DCDRC), or District Forum, is a quasi-judicial body that handles consumer grievances and disputes at the district level. It operates under the Consumer Protection Act to provide speedy, accessible, and cost-effective justice for consumer complaints.