The Supreme Court on Monday directed the constitution of a Special Investigation Team (SIT) to investigate the 2023 murder of Salman Khan, the driver of Congress candidate Kunwar Vikram Singh (Nati Raja), who was allegedly run over by a vehicle at the behest of politically influential persons during the Madhya Pradesh Assembly election campaign.
A Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana was hearing a plea seeking transfer of the investigation, alleging that the probe had not been conducted fairly and that crucial eyewitnesses had been ignored due to political influence. Senior Advocate Prashant Bhushan, appearing for the petitioner, submitted that four to five eyewitnesses had filed sworn affidavits before the police, yet their statements were never recorded. He argued:
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“There were 3-4 witnesses… Five people gave sworn affidavits to the police saying we were eyewitnesses, yet statements of those five persons were not recorded by the police. The police, in its status report, says statements of three people from the complainant’s family were examined and they said the candidate’s car was not there. Those three persons are not related in any way.”
During the hearing, CJI Surya Kant initially suggested that the names of the alleged eyewitnesses be furnished so that their statements could be recorded. When counsel pointed out that no SIT had yet been constituted, Justice Joymalya Bagchi remarked to Additional Solicitor General appearing for the State: “Your duty is to instill confidence.”
The State, however, opposed the plea, contending that the investigation had been conducted fairly and independently and was nearing completion. After considering the rival submissions, the Bench held that the interests of justice warranted investigation by a team of senior officers.
The Court directed the Director General of Police, Madhya Pradesh, to constitute an SIT comprising three IPS officers of the rank of Senior Superintendent of Police and two officers not below the rank of Deputy Superintendent of Police/Additional Superintendent of Police. It further directed that all officers constituting the SIT must be posted outside the jurisdiction of Chhatarpur district, while the officer heading the SIT shall belong to a State other than Madhya Pradesh.
The SIT has been directed to be constituted within two days, take over the entire investigation from the present investigating agency, and proceed uninfluenced by the investigation already conducted.
The Court further directed that the statements of the persons claimed to be eyewitnesses must be taken into consideration before filing the final report and ordered the SIT to complete the investigation within two months.
Clarifying that it had expressed no opinion on the merits of the allegations, the Bench observed that any further action would depend upon the outcome of the SIT investigation.