Better to have divorced daughter than dead one: MP government in Twisha case

CJI: We would like to impress upon the family members of the victim as well as the accused that instead of making statements in the public or before media platform they should get their versions recorded before the investigating agency so that no prejudice or adverse impact is made on the ongoing investigation.

CJI: We request media to avoid recording statements who are likely to be potential witnesses...We also request general public that hey should refrain from speculation and have trust and faith in the investigative agency whom we are sure that with the course of time will take the investigation to a logical conclusion.

CJI: We are informed by SG that a second autopsy was conducted at Bhopal by a team of AIIMS Delhi. Thereafter the body has been cremated. The only issue as of arrives for consideration is consent to the recommendation for CBI probe. SG has assured that matter will be taken up with authorities so that CBI immediately takes over the investigation

CJI: Meanwhile, certain developments have taken place. The Madhya Pradesh High Court took notice of the one of the concerns of the family members of the deceased and directed second autopsy was necessary to clear all doubts from any quarter and also to bolster the confidence of common man in the entire process. We are informed that in reference to those directions, Shri Tushar Mehta appearing for state of MP informs that in reference to those directions the second autopsy was was conducted by the All India Institute of Medical Sciences.  The only issue as of now arise for consideration is the concerns and recommendations made by the State of Madhya Pradesh seeking to hand over the investigation to Central Bureau of Investigation. The state government has already recommended investigation by CBI, SG has assured us that he will take up the matter with the authority so that the CBI immediately takes over the investigation and make an endeavour to complete the same promptly

Bench begins to dictate order

CJI: Trisha Sharma, a thirty-three-year-old corporate professional and a former actor unfortunately died an unnatural death at her matrimonial home in Bhopal...A news article followed by several media reports were thereafter published alleging institutional bias and the questioning the fairness and impartiality of the investigation conducted by the state police. The reason that was reported for the alleged lack of impartiality was that the husband of the deceased is a practicing lawyer and her mother is a retired district judge. It thus appears that the family members of the deceased question the response of the police authority and allege undue influence in the investigation. A narrative was also created that a fair investigation was denied on account of involvement of judiciary. It is in this backdrop that the suo motu proceedings was initiated by us.

SG: Only one, one moral of the story, forgetting this for a while and without attributing motives to either of them. One thing is clear that the girl has lost her life, whether it's by suicide or by any other criminal act.

CJI: She has died an unnatural death

SG: For parents, the moral is that it's better to have a divorced daughter than a dead one. When she's repeatedly saying that I am living in a hell, please save me.

CJI: It's something unbearable. There is no doubt about it. We all have sympathy with them and...But then the law, there is a procedure to follow. 

Justice Bagchi: What you are saying is a dragging of a matrimony in view of conventional feelings that led to continue.Would have been understood if it dragged on for two years. But when it is within six months, even the reaction time will be something more than sufficient.

SG: It is because of media intervention this progress has taken place

Luthra: Even the statement in the police custody is reported. Our concern is the CCTV is in the open domain. The lady, the the mother-in-law produces her own CDRs which have been flashed.

CJI: We are requesting all of you, please do not make premature statements like this. In any case, there is a law-prescribed mechanism making statements, recording statements. Follow that procedure. 

CJI: You were also going unnecessarily to media. The other side is also going to media. This is our request to you. Whatever statement you want to make, please make with the prescribed authority that is the investigating agency. We request media also, please don't go for reporting statements of the victim's family or reducing their pain into soundbites, please. That's not the way anybody should do it. It was a very unfortunate incident has taken place. 

Dave: The mother-in-law's statement was recorded, in fact. More than twice it was recorded, the mother-in-law. All that can't be argued here...

CJI: We request media dont go for recording statements of the victims family

Senior advocate Siddharth Luthra appears for the victim family, Senior Advocate Siddharth Dave appears for accused.

CJI: We are absolutely not doubting the state police that they will, they must be doing and they will continue to do it with complete fairness and impartiality. And normally they are doing it in a very professional manner. I think barring a few instances might have in the past happened, but the correctional measures have been taken wherever this kind of things are happening. In this case also, we do not want to demoralize the state police. They must be doing very good job. 

SG Mehta: As far as the investigation is concerned, the FIR was registered on 15 May. The the concern, my Lord potential accused, the mother-in-law I, described her as mother-in-law, moves an anticipatory bail, my Lord, on 14 of May. Hearing concludes and granted anticipatory bail on 15 of May which is under challenge by, the victim as well as by the state government also. The difficulty is, despite our repeated request for her to come and get her statement recorded, there is no cooperation.

SG Mehta: May I only say one thing, my Lord, why this has started? One of the potential accused the learned former judge has started giving interviews hopping one channel to another and almost maligning the deceased. Therefore, my Lord, there is a reaction and counter reaction...

CJI: Second autopsy has been done. And as we could read that now cremation has taken place. Appreciate state action for CBI probe

Hearing begins

Mentioning going on currently

Bench has presided

Solicitor General of India Tushar Mehta is in the court

Court to take up the suo motu matter first