SC slams Chhattisgarh police over order violation

The Supreme Court strongly criticised Chhattisgarh police for failing to produce a respondent despite clear orders, calling it deliberate non-compliance. It summoned the Korba SP to appear in person with an explanation and directed strict compliance in a rape case appeal hearing

New Delhi: The Supreme Court has taken strong exception to the failure of the Chhattisgarh authorities to ensure the presence of a respondent despite a clear direction, and summoned the Superintendent of Police, Korba, to appear in person with a show-cause explanation.

A bench of Justices Ahsanuddin Amanullah and R. Mahadevan expressed displeasure over a “blatant and deliberate violation” of its order after being informed that respondent No. 2 “ Chandra Kumar Jaiswal @ Buttu” was not present in the top court despite a clear direction requiring his appearance on April 20.

---

“We take strong exception to such conduct of the State of Chhattisgarh,” the Justice Amanullah-led Bench observed, adding that the direction to ensure the respondent’s presence had been unequivocal.

The apex court was hearing a Special Leave Petition (SLP) filed by Chatt Kunwar Sarthi challenging the August 28, 2024, judgment of the Chhattisgarh High Court, which set aside the conviction of Jaiswal, alias Butu, in a rape case and acquitted him of all charges.

Recounting the sequence of events, the bench recorded that on March 23, the matter was directed to be listed on April 15 with instructions to the state government to produce respondent no. 2. Although the respondent was reportedly brought to the top court premises on April 15, the matter could not be taken up due to the Constitution Bench sitting.

The bench had, thereafter, made it clear that the respondent must remain present on the next date.

“Today, we are informed that the respondent no.2 is not present in Court,” the apex recorded in its order passed on April 20.

Taking a serious view of the lapse, the Supreme Court said the Superintendent of Police, Korba, would have to explain the circumstances leading to non-compliance.

“We find that the Superintendent of Police, Korba, is required to show cause as to why the court may not pass appropriate orders against him for such blatant and deliberate violation of the direction of this Court,” the order said.

The Justice Amanullah-led Bench directed the Superintendent of Police, Korba, to remain personally present before the top court on April 24 at 10:30 a.m. along with a show-cause reply. It further ordered that respondent no. 2 must also be physically produced on the next date of hearing. The top court clarified that the entire logistics and cost of producing the respondent would be borne by the Chhattisgarh authorities.