The Supreme Court on Monday pulled up the Madhya Pradesh police for being "hand in glove with a politician and letting his son go” in 2013 Khirkiya riots over a dead cow case.
A bench headed by Chief Justice of India JS Khehar came down heavily on the DSP, Special Intelligence Bureau (SIB).
"You are hand-in-glove with them. Because they belong to political parties, you let them go. You brush everything under the carpet. We are going to take action against you," the CJI told Umesh Shukla, DSP, SIB.
The bench's observation came after the senior officer failed to convince the court as to why the police failed to send the CD in which the culprits figure to the forensic lab to ascertain authenticity.
The court also pulled up the officer for failing to provide adequate evidence to establish the presence of main culprits.
The court asked the officer to send the CD to the forensic lab and seek report in two weeks so that the same could be used as evidence in courts in 12 cases.
The petition had alleged that the state police had deliberately botched up investigation to save some accused, including Sudeep Patel, who is son of former minister Komal Patel.
Khirkiya riots had erupted over a dead cow, close to the heels of assembly elections.
It was eventually found the cow had died due to consumption of polythene bags.
Several FIRs were registered which involved the names of 12 people, including Sudeep Patel and Surendra Rathore (an associate of Sudeep).
Petitioner NGO's counsel Piyoli argued that on July 10, in one of the 12 FIRs, 9 persons were acquitted by a trial court due to lack of evidence. Three persons were still absconding in the case.
The petitioner alleged that none of the video recordings made by journalists was used as part of evidence but the video recorded by the police itself was used to save the political leader's son.
According to the petition, on September 19, 2013, morning, on the pretext of killing of a cow by minority community under Chhipabad Police Station near Kheda and Pahatgaon in Khirkiya Tehsil, a riot was instigated.
The entire incident was stage-managed and well-planned, and attempted to be portrayed as one of communal nature.
Although 54 persons lost their houses, properties and businesses and 12 FIRs were registered initially, none included the name of Kamal Patel, sitting MLA of ruling BJP, his son Sudeep Patel and his party members, who were the main conspirators and instigators.
Kamal Patel, along with prime accused Surendra Sing Rajput alias Tiger– who has been accused in all the 12 cases of rioting and still absconding, and Sudeep Patel allegedly conspired the riot. Though the prime accused was apprehended during the riot, he was allowed to abscond by the police.
The petitioner had obtained photographic evidence in this regard from the members of the public, which he annexed in his petition, as local police, rather than taking those evidence on record, had engaged in harassing those who had provided the evidence.