Supreme Court on Tuesday sought responses from the CBI and Madhya Pradesh government on a plea seeking the agency’s probe into the role of a state BJP leader and his associates in a riot case in Harda district.
A bench of Chief Justice H L Dattu and Justice A K Sikri issued notice to ex-Revenue Minister of Madhya Pradesh, CBI, state government and others seeking their replies on the issue.
The apex court’s direction came on a plea filed by activist Anurag Modi against the decision of Madhya Pradesh High Court to dispose of a PIL filed by him saying “the apprehension that the investigation is not free and fair, is not substantiated from the record”.
“From the reply affidavit filed by the respondent-State, it has come on record that the offence concerning the said incident has been registered and duly investigated. The son of the ex-MLA has been named as accused and has proceeded in accordance with law. The charge-sheet has already been filed in the concerned Court,” the high court had said.
The plea claimed that on September 19, 2013 on the pretext of alleged killing of a cow by members of the minority community near Chhipabad Police Station near Kheda and Pahatgaon in Khirkiya Tehsil, a riot was instigated by a BJP MLA, his son and his party members.
The plea claimed the entire incident was stage-managed and planned in order to portray it as one of communal nature.
“In fact, the cow had died of choking of respiratory pipe and asphyxia caused by large amount polythene consumption, the post mortem report suggested,” the petition claimed.
It said the High Court “grossly erred” in concluding that the investigation in the case is complete.
“The process of an investigation cannot be said to be completed unless it is free and fair, taking all the aspects of the crime and conspiracy into account,” it said.