Observing that it was "pained" by the
narrative that the judiciary was shielding the accused, the Supreme Court on
Monday said it would ensure a fair, independent, and impartial CBI probe into
the death of former model-turned-actor Twisha Sharma.
Sharma, 33, was found hanging at her matrimonial
home in Bhopal's Katara Hills area on May 12, with her family accusing her
in-laws of dowry harassment and abetment to suicide. Her in-laws, however,
claimed she suffered from drug addiction.
The police have registered an FIR against the
woman's husband, Samarth Singh, a lawyer, and her mother-in-law, former
district judge Giribala Singh, on charges of dowry harassment.
A bench of Chief Justice of India Surya Kant and
Justice Joymalya Bagchi asked the media to exercise restraint while reporting
developments in the case.
"We are slightly in pain because of some of the
actions. We will request our media friends to not go for the statements of the
victim's family or the other family. Let the things move as per law and
procedure "We request the media not to record statements of the
victim's family and reduce their pain to sound bites," the bench said,
adding that a narrative should be avoided.
Solicitor General
Tushar Mehta informed the apex court that the CBI would take over the probe and
assured that the administrative steps would be taken today itself.
The apex court took suo motu cognisance of the
Twisha Sharma case after a media report raised questions of institutional bias
in the probe, including allegations that a fair investigation was being denied
because the accused is a lawyer and his mother is a former district judge.
The case is titled 'In Re: Alleged Institutional
Bias and Procedural Discrepancies in the Unnatural Death of Young Woman at
Matrimonial Home'.
Mehta, appearing for the Madhya Pradesh government,
informed the court that Twisha's mother-in-law had started appearing on
television channels and making statements maligning the victim, which triggered
the media coverage.
He submitted that significant progress in the case
had been made due to media intervention.
He said the case was a message for all parents that
it is better to have a divorced daughter than face such an unfortunate
incident.
The solicitor general said the second autopsy of Twisha's
body was conducted on Sunday by a team from AIIMS-Bhopal following the
direction of the Madhya Pradesh High Court.
Senior advocate Siddharth Dave, appearing for the
accused, raised concerns over the media coverage and said the entire Section
164 CrPC statement (before the magistrate) had been published in newspapers.
The top court noted the submission of the solicitor
general that he will take up the matter with the authorities to ensure that the
CBI immediately takes over the probe.
The bench urged both the victim and the accused's
families to refrain from making public or media statements and instead place
their versions before the investigating agency to ensure the ongoing probe is
not prejudiced or adversely affected.
"We also request the media to avoid recording
statements of persons who are likely to be potential witnesses, as it may
unnecessarily impact the outcomes on certain issues which are to be
investigated," it said.
"We also request the public that they should
refrain from speculation and to have trust and faith in one of the premier
investigating agencies. We are sure that in due course of time it will take the
investigation to a conclusion," the bench said while disposing of the suo
motu case.