The Supreme Court said on Monday that CBI should “immediately” take over the probe into the alleged dowry death of model-actor Twisha Sharma amid growing allegations that the judiciary was obstructing a fair investigation given that the deceased’s mother-in-law, Giribala Singh, is a former judge.

“We appreciate the state’s prompt action. They recommended a CBI investigation… Ask CBI to take over the investigation,” Chief Justice of India (CJI) Surya Kant said while presiding over a three-judge bench.

He added that a narrative was being created that the judiciary was obstructing a fair trial. “One section has started saying that because the mother-in-law is a former district judge… It is quite unfortunate that they have started saying that the judiciary is not permitting a fair trial,” he said.

“We are slightly in pain because some of the sections, and we will request our media friends not to go for the statements of the victim’s family or the other family. Let things move as per law and procedure. The authority, the investigative agency, will follow up. Statements are being recorded,” the CJI added.

Maintaining that they had “absolutely no doubt on the state police”, he said, “They must be there, and they will continue to deal with absolute fairness and impartiality. We do not want to demoralise the state police. They must be doing a very good job.”

“We don’t want to cast aspersions against anyone… We are only intervening because this is the kind of narrative that is being created. Therefore, it is in the interest of all that some independent agency should take over it,” he added.

Solicitor General (SG) Tushar Mehta, appearing for the Madhya Pradesh Police, replied, “That would be done. Why this has started – one of the potential accused, the learned former judge, started giving interviews, hopping from one channel to another, almost maligning the deceased…”

He maintained that the state had recommended a CBI probe to avoid fingers being pointed at the MP Police.

The CJI said the action was “very fair and completely above board”. “Once the state has recommended (CBI probe), there is no need for us to issue a direction,” Justice Kant added.

“No, CBI would take over,” the SG said.

When the CJI said, “And they should do so immediately”, Mehta said, “I will ensure that it (necessary formalities) happens today.”

“We will ensure that whatever unfortunate incident has taken place, it must be fairly and independently investigated. That’s all,” CJI Kant added. The court recorded Mehta’s assurance.

In its order, the court said, “We would like to impress upon the family members of the victim, as well as the accused person(s), that instead of making statements in public or before media platforms, they should get their version recorded before the investigating agency so that no prejudice or adverse impact is caused to the ongoing investigation.”

To the media, it said, “…we also request the media to avoid recording statements of the persons who are likely to be potential witnesses or accused, as it may unnecessarily prejudge the outcome on certain issues, which are yet to be investigated.”

“We will also request the general public to refrain from speculation and have trust and faith in one of the premier investigating agency…,” it added.

Mehta, praising the media, said, “It’s not a subject matter to be sensationalised. At the same time, it is because of this media intervention that several things have taken place”.

“Undoubtedly, they helped a lot. Our only concern is not to… statements. After all, it came to our notice also only because of that,” the CJI said.

The SG also said, “One thing is clear, the girl has lost her life whether it’s by suicide or some criminal act. For parents, the moral is that’s it’s better to have a divorced daughter than a dead daughter. When she is repeatedly saying I’m living in hell, please save me….For parents, it’s better to take that call immediately rather than losing the daughter.”

On May 23, the Supreme Court had taken suo motu cognisance of the alleged dowry death of Twisha (33), originally from Noida. Twisha was found dead at her matrimonial home in Bhopal on May 12, less than six months after her marriage. Her husband, Samarth Singh, a lawyer, who has been arrested and whose licence to practise has been suspended by the Bar Council of India, is an accused in the case along with his mother Giribala Singh.