Due Process
Every dowry death shocks the conscience. What is more troubling is how often such cases are explained away before the facts have been fully examined.
In a major setback for former district judge Giribala Singh, the Madhya Pradesh High Court on Wednesday cancelled the anticipatory bail granted to her in the alleged dowry death case of her daughter-in-law, Twisha Sharma. The court observed that key evidence and witness statements were not properly examined before relief was granted by the lower court.
The case has drawn attention across legal and social circles because of the serious allegations involved and Singh’s background as a former judicial officer. The High Court’s intervention has also intensified scrutiny over how anticipatory bail was granted in the case at an early stage of the investigation.
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Justice Devnarayan Mishra, while setting aside the May 15 order of a Bhopal sessions court, said important materials, including case diary records, witness testimonies and WhatsApp conversations, were overlooked before anticipatory bail was granted.
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The High Court noted that the lower court appeared to have reached conclusions regarding the lack of evidence even before the investigation had progressed fully. The bench stressed that in cases involving dowry death, courts must adopt a cautious approach while considering anticipatory bail pleas.
What the victim’s family argued in court
Victim family’s lawyer, Ankur Pandey, said the family had repeatedly raised concerns about the manner in which the case was being handled.
“After an FIR was registered naming Giribala Singh and Samarth Singh (husband and mother-in-law), Samarth Singh was absconding for several days before surrendering in Jabalpur. The FIR was delayed by three days, and within less than 24 hours of investigation, anticipatory bail was granted, unusually fast for such a serious case,” Pandey said on Thursday in Bhopal.
He further said the victim’s father challenged the bail order before the High Court after being “shocked” by the decision. According to him, the State later joined the plea opposing the grant of anticipatory bail.
Pandey also alleged that after securing bail, Giribala Singh attempted to malign Twisha Sharma’s character and did not cooperate with investigators.
“The High Court heard arguments from all sides and found that the Sessions Court had prematurely concluded there was no evidence before the investigation was complete. Considering these points, the High Court quashed her anticipatory bail,” he added.
Allegations in the Twisha Sharma death case
The investigation centres around allegations of dowry harassment, domestic cruelty, physical assault and forced termination of pregnancy linked to Twisha Sharma’s death at the family’s residence in Bhopal’s Katara Hills area.
Twisha Sharma was married to Samarth Singh, son of Giribala Singh. Following her death, a case was registered under provisions related to dowry death and abetment.
The prosecution has alleged that Giribala Singh played a role in the harassment faced by Twisha Sharma despite her judicial background.
With anticipatory bail now cancelled, the CBI is expected to proceed with custodial action against Singh. Samarth Singh is already in CBI custody on remand till May 29.
The order has also sparked discussion in legal circles, especially because the accused is a former judge. In its observations, the High Court made it clear that a person’s position or past service cannot place them above the course of investigation.
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