Supreme Court Issues Notice On Plea For CBI/SIT Investigation Into Murders Of 3 Members Of Dalit Family In MP

The Supreme Court today(January 22) issued notice in a writ petition filed by a petitioner seeking an investigation by the Central Bureau of Investigation/Special Investigation Team into the alleged killing of three members of a Dalit family, including her 20-year-old Anjana Ahirwar.

It is alleged by the petitioner that the state police investigation has been derailed due to the influence of former Home Minister of Madhya Pradesh, Bhupendra Singh. Therefore, she has sought a transfer of trial outside Madhya Pradesh on the grounds that the State has failed to carry out unbiased investigation as well as to protect witnesses. 

As per the brief facts, Anjana had gone to defecate when she was allegedly molested by three persons in her village in an incident that happened in 2019. She then filed a complaint before the police station. Although she was only 15 years old, no provisions of the Protection of Children from Sexual Offences Act, 2012, were invoked as stated in the plea. Subsequently, Anjana's brother was forcibly detained at the police station on false charges and was subjected to torture. He was then killed by same group that molested Anjana. It is also alleged that one accused person's name was deliberately omitted by the police in the complaint who happens to be the close aide of former Home Minister.

Subsequently, her uncle's wife was disrobed in an incident but in the complaint filed by Anjana, the same was omitted the plea states. Subsequently, Anjana's uncle who was one of the key witnesses, was also killed. It is stated in the writ petition that when Anjana's uncle was killed, she was coming back with the dead body of her uncle in the ambulance. She was killed by the police as stated in the plea.

In July 2024, a fact-finding was conducted to investigate the murder of the family. Representation was subsequently sent by Anjana's other brother to the DGP Madhya Pradesh citing threats and intimidation by the former home minister to make statements in favour of the accused in the murder cases of his family members.

Currently, all accused persons have been arrested and the mother of Anajana and the brother of Anjana are prosecution witnesses and their evidence has been recorded.

Appearing for the petitioner, Senior Advocate Colin Gonsalves submitted before a bench of Justices J.K. Maheshwari and Aravind Kumar: "We seek transfer out of the State [of Madhya Pradesh]. First, 15 years old daughter of the family was molested and an FIR was registered. Immediately in response, the witnesses to all that-the brother is killed, the uncle is killed and then the girl is killed. Massacre of the whole family in a short period of time."

The Court without hearing anything further, issued the notice returnable three weeks and served the notice to the standing counsel of the State. Before parting, Gonsalves stated that the mother, the last surviving member of the family, has been subjected to threat. When Maheshwari inquired if police protection was sought, Gonsalves responded that it was sought by police but the same was orally refused.

As per the brief facts, the petition is filed by the mother of the girl. It is stated in the writ petition: "One after the other 3 members of a family were killed with the police extending full assistance to the accused persons only because the former State Home Minister and his group was behind the killings. Resultantly, no prosecution of the accused persons is possible in the State of Madhya Pradesh...The former Home Minister, being a politically powerful figure is currently the MLA for the same district, Sagar. He is influencing and threatening the witnesses. Due to the power and influence of the accused, three family members, who were important witnesses in the criminal conspiracy against the Dalit family, have already been murdered in the span of 1 year. The petitioners have filed this writ petition seeking an appropriate writ, order, or direction for the transfer of the case and the investigation into the aforementioned murder of Anjana Ahirwar to Delhi. This request is made in light of the complete failure of the police authorities in Madhya Pradesh to conduct an unbiased and fair investigation, as well as to protect the witnesses."

Case Details: BADI BAHU v. THE STATE OF MADHYA PRADESH AND ANR., W.P.(Crl.) No. 41/2025

Appearances: Senior Advocate Colin Gonsalves, Advocates Meenesh Dubey and Manik Gupta