NDTV Impact: Probe Team Ordered Over Minister's Role In Disappearance

The Supreme Court has ordered the formation of a Special Investigation Team (SIT) to probe the mysterious disappearance of Mansingh Patel, a case that garnered significant attention following an exclusive interview on NDTV. The interview featured Sitaram Patel, the son of the missing person, who made serious allegations against then Madhya Pradesh's Revenue and Transport Minister Govind Singh Rajput, accusing him of involvement in his father's disappearance and illegal acquisition of their ancestral land.

In January last year, in an exclusive interview with NDTV, Sitaram Patel claimed that his father, Mansingh Patel, went missing in August 2016 after filing complaints against Mr Rajput. The complaints were related to the illegal occupation and construction on their ancestral land in Sagar district, allegedly by the minister and his associates.

Sitaram Patel further alleged that his father's disappearance was likely a result of a conspiracy to silence him and seize the valuable property. Despite multiple complaints to local authorities and the CM Helpline, no substantial police action has been taken to trace Mansingh Patel.

In response to a writ petition filed by the OBC Mahasabha, the Supreme Court took cognizance of the case, acknowledging the gravity of the allegations and the involvement of politically influential individuals. The petitioners sought a writ of Habeas Corpus to produce Mansingh Patel before the court, alleging illegal detention and potential criminality by the respondents, including Mr Rajput.

The Supreme Court, during the hearing, expressed concern over the lack of progress in the investigation by the local police and directed the Superintendent of Police of Sagar district, to submit a detailed affidavit outlining the chronological developments in the case. The court noted that despite the serious nature of the allegations, the local police had failed to conduct a fair, independent, and thorough investigation, further criticizing the composition of the initial SIT, which was seen as inadequate.

The Supreme Court directed the Director General of Police, Madhya Pradesh, to constitute a new SIT comprising senior Indian Police Service (IPS) officers from outside the state. 

The SIT is mandated to re-investigate the disappearance of Mansingh Patel, with the following key directives:

The court ordered that the Missing Person Complaint be immediately registered as an FIR, initially against unknown persons, to ensure the investigation is conducted with due seriousness.
   
The SIT was instructed to provide protection to witnesses and ensure that their statements are recorded in a conducive environment, with video documentation and, where necessary, under Section 164 of the Cr.P.C.
   
The investigation must also include a thorough examination of revenue records related to the disputed land, identifying the actions that led to the disappearance of Mansingh Patel.

The SIT is required to complete the investigation within four months, after which further legal actions will follow based on the findings.

Earlier, the police stated that between September 2017 to September 2019, it visited various places to locate the missing person, but in vain. The top court rejected the contentions of the state against the plea's maintainability.

"We are, however, not impressed by the objection. The reporting of the commission of a cognizable offence is a statutory obligation on one and all. Where such reporting has been discarded by the police, deliberately or otherwise, the vigilant section of society or social help groups are expected to espouse such cause for securing justice to the voiceless victims and/or those who have been silenced under mysterious circumstances," it said. 

Owing to the serious nature of allegations against the influential, the composition of the existing SIT by the State is a mere eye-wash, the Supreme Court said. "It won't be possible at all for that SIT to take the investigation to a logical conclusion which can inspire the confidence of the family, near and dear ones of the victim or the public in general."