Her father alleged murder and serious lapses in the investigation: A practical reader guide

Her father alleged murder and serious lapses in the investigation: A practical reader guide

A special judicial magistrate of the Panchkula CBI court on Monday rejected the closure report filed by the Central Bureau of Investigation (CBI), in the murder case of 18-year-old Manisha of Bhiwani, accepting the victim’s father’s protest petition and directing further investigation into the case.

The court observed that the investigation appeared biased and defective and that crucial evidence had either not been collected or had not been handled in accordance with the law. The board also opined that the damage to her face was caused by a skin-dissolving fluid, possibly corrosive, and ruled out any animal-bite injuries. Despite her family approaching the police on the same evening and requesting a search of the college premises and examination of its CCTV cameras, the police failed to secure the crucial electronic evidence in time. The court further directed an investigation into the roles of the then investigating officer assistant sub-inspector (ASI) Shakuntla, deputy superintendent of police (DSP) Sanjeev Kumar, the owner of Devender Khad Bhandar and the owner of Ideal Nursing College. It also ordered examination of relevant call detail records and mobile-location data. Haryana Police initially treated the death as suicide by poison, but an AIIMS medical board later concluded that she had died from a sharp-edged weapon injury to the neck and ruled out poisoning and animal bites. Her father alleged murder and serious lapses in the investigation, prompting a protest petition against the CBI’s closure report.

In a strongly worded order dated October 31, court expressed serious doubts over the fairness and credibility of the investigation conducted by Haryana Police and subsequently by the CBI. The court also questioned the conduct of the then special investigation team (SIT) head, deputy superintendent of police (DSP) Sanjeev Kumar, who admitted that he had taken custody of the college’s CCTV digital video recorder (DVR) without preparing a recovery memo and retained it for nearly 40 days. The court noted that mandatory procedures under Section 105 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) had not been followed.

The court’s observations were particularly significant regarding the findings of a five-member medical board of the All India Institute of Medical Sciences (AIIMS), which unanimously concluded that Manisha died due to a massive ante-mortem injury to her neck caused by a sharp-edged weapon.

Advocate Harsh Mohan Singh appeared before the court on behalf of the victim’s father, who is the complainant.

Directing the CBI to ensure a free and fair investigation, the court ordered that the probe be conducted by a station house officer (SHO) or a branch head of the agency, with witness statements recorded under the supervision of the designated officer.