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Appears To Be Homicide & Not Suicide; Culprits Must Be Apprehended: SC Orders CBI Investigation Into Death Of Manipur Girl In Delhi
Supreme Court

"Appears To Be Homicide & Not Suicide; Culprits Must Be Apprehended": SC Orders CBI Investigation Into Death Of Manipur Girl In Delhi

Swasti Chaturvedi
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26 March 2024 6:45 AM GMT

The Supreme Court ordered CBI Investigation into the death of a 25 year old Manipur Girl in Delhi.

The court observed that it appears to be a homicide and not a suicide and therefore the culprits must be apprehended. It added that the unresolved crimes tend to erode public trust in institutions which have been established for maintaining law and order.

The Court observed thus in a criminal appeal filed by two cousins of the deceased who was found dead in her rented accommodation in 2013.

The two-Judge Bench comprising Justice J.K. Maheshwari and Justice Sudhanshu Dhulia said, “It is to observe that unresolved crimes tend to erode public trust in institutions which have been established for maintaining law and order. Criminal investigation must be both fair and effective. We say nothing on the fairness of the investigation appears to us, but the fact that it has been ineffective is self evident. The kith and kin of the deceased who live far away in Manipur have a real logistical problem while approaching authorities in Delhi, yet they have their hope alive, and have shown trust and confidence in this system. We are therefore of the considered view that this case needs to be handed over to CBI, for a proper investigation and also to remove any doubts in the minds of the appellants, and to bring the real culprits to justice.”

Senior Advocate Colin Gonsalves appeared for the appellants while Additional Solicitor General K.M. Nataraj appeared for the respondents.

In this case, a 25-year-old Manipur girl working in a call centre in Delhi was found dead in her accommodation in the year 2013. The cause of death could not be ascertained in the post mortem report. An FIR was only registered by the police initially under Section 306 of the Indian Penal Code (IPC) against unknown persons when there was blood spattered all over the room and the face of the deceased was smashed. It was only later converted to a case under Section 302 of IPC. The body of the deceased was discovered by the landlord of the tenanted premises.

The investigation of the case was transferred to the Crime Branch and then a second post-mortem was conducted by a Medical Board of three doctors. Eleven injuries were noted on the deceased’s body but the opinion regarding the cause of death was not given due to the pendency of viscera chemical analysis and histopathology reports. Meanwhile, the appellants (cousins of deceased) filed a writ petition before the Delhi High Court praying for direction for the investigation to be given to the Central Bureau of Investigation (CBI). The High Court dismissed the same and hence the matter was before the Apex Court.

The Supreme Court in view of the facts and circumstances of the case noted, “Apparently there seems to be no reason for a young girl of 25 years of age to commit suicide. Prima facie it does not seem to be a case of suicide. The crime scene shows that blood was spattered on the floor and the bed sheet was completely drenched in blood. It appears to be a homicidal death and therefore the culprits must be apprehended.”

Accordingly, the Apex Court allowed the appeal, set aside the order of the High Court, and directed that the case be transferred to the CBI for investigation.

Cause Title- Awungshi Chirmayo and Anr. v. Government of NCT of Delhi and Others (Neutral Citation: 2024 INSC 249)

Appearance:

Appellants: Senior Advocate Colin Gonsalves, Advocate Ali Qambar Zaidi, and AOR Satya Mitra.

Respondents: ASG K.M. Nataraj, AOR Chirag M. Shroff, Advocate Dhananjay Kataria, AOR Mukesh Kumar Maroria, Advocates B K Satija, Sibo Sankar Mishra, Sharath Nambiar, Anukalp Jain, Anuj Srinivas Udupa, and Aayush Saklani.

Click here to read/download the Judgment

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