NEW DELHI: After hearing Twisha's father, Navnidhi Sharma, plead for the trial to be transferred to Delhi, the Supreme Court on Friday stayed further trial proceedings before the Bhopal Sessions Court in the case.
A two-judge Bench of the apex court, headed by the Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi, also issued notice to the CBI (Central Bureau of Investigation), accused husband Samarth Singh and mother-in-law Giribala Singh on Navnidhi's plea seeking transfer of the trial from Bhopal to Delhi.
The top court -- which earlier took suo motu cognisance of the death of Twisha -- had earlier, in one of the hearings in May, asked the State of Madhya Pradesh govt. to hand over the case to the Central Bureau of Investigation (CBI).
Navnidhi, in his petition, said that Twisha’s mother-in-law, Giribala Singh, a former judge, was influential, and added that they wouldn't get a fair trial in Madhya Pradesh. "We have also submitted certain material to the apex court in a sealed cover," he contended in his plea.
Twisha's father, Navnidhi, said that since he is settled in Delhi-NCR, the trial can be shifted to Delhi, especially since Giribala, Twisha's mother-in-law and a former district judge, can directly or indirectly influence the witnesses in the case.
The Supreme Court had earlier also requested the media not to record statements of witnesses or potential accused, warning that it might prejudice the probe. It had asked the victim’s family and potential witnesses to record statements before the investigating agency, not through media sound bytes.
The court had earlier also disposed of the suo motu case, adding that all the parties are at liberty to seek legal remedies before any appropriate forum.
The bench took suo motu cognisance of the Unnatural death of Twisha case, after a media report raised many questions of institutional bias in the probe, including allegations that a fair investigation was being denied because the accused’s husband is a lawyer and his mother is a former district judge.
It is to be noted that Twisha’s husband, Samarth, a practising Advocate, and her mother-in-law, Giribala, an ex-District Judge, are accused of dowry harassment and abetment to suicide of Twisha.
As per reports, Twisha, a 33-year-old woman residing in Noida and a former Miss Pune winner, was allegedly discovered dead at her husband's residence in Bhopal's Katara Hills on May 12. Before their marriage, the couple met through a dating app about five months ago.
Twisha's family had, in their complaint, accused the in-laws of persistent domestic violence and harassment.
Navnidhi had earlier wrote to the medical board constituted by AIIMS Delhi to conduct second post mortem on her to ascertain the actual cause of her death. He requested that a multidisciplinary approach be adopted, involving forensic, pathological, and radiological methods, to address multiple concerns that were not adequately dealt with during the first post-mortem conducted in Bhopal.
After reviewing the case details and his plea, the HC allowed the petition for a second autopsy.
