Lawyers Barnali Basak, Aditya Pratap Open Up On Twisha Death Case, Samarth Singh's Surrender & More

Added: 2026-05-22

[00:00:00]as well. Tasneem Siddiqui's senior advocate joining us on the broadcast.

[00:00:03]Aditya Pratap is a lawyer as well and Barnali Basak is a lawyer. She's joining us here in the Noida studio. Barnali Basak, I'm just going to ask you to react to what the family is saying. The family is very upset. They're saying for 10 days someone who's accused in the death of his wife is absconding. The Bhopal police has absolutely no clue. The Madhya Pradesh police has absolutely no clue. God knows if they even made any attempt to find him. On day 10, under sustained public pressure and under sustained media pressure he decides he decides to surrender.

[00:00:39]>> Do they have a right to I understand you'll say, "Well, Samarth has the legal right to do what is best for him." But but is there is their anger justified that the Bhopal police and the Madhya Pradesh police allowed him to surrender?

[00:00:52]They didn't arrest him.

[00:00:54]It is like, you know, of course there's a huge lapse in the system. What I can What I've read about the case, I mean, the lapse why? Because if the police is not, you know, interrogating on time and they've not arrested and he's shown as absconding, there has to be a judicial order to that effect that he's been absconding. The first question is when an accused is absconding or he's on the run, that it shall itself shows that he's somewhere guilty or it may be the scare factor in him that, you know, he'll be behind the bars.

[00:01:29]So, the thing is the fact is that why he surrendered after 10 days is because he'll not be able to get a regular bail if he doesn't cooperate with the system or the interrogation. That is why probably he surrendered at the last moment. His behavior at this point is totally unjustified. But since this is an case to, you know, abetment to suicide, there has to be a direct proximate relationship between the accused's conduct and, you know, the person who's committed the suicide whether there was constant bickering or you know forcing or coercion or you know which forced her to commit the suicide.

[00:02:06]All this has to be established and all the evidence has to come forward and only then we can establish whether it was an abatement to suicide or not.

[00:02:15]Abatement to suicide cases Aditya Pratap I believe are extremely difficult to get a conviction in and you can correct me if I'm wrong. But does the fact that Siddharth despite being a lawyer himself an advocate himself decided to go absconding for 10 days is that something that is going to work against him?

[00:02:35]In my opinion not at all because first and foremost any allegation of a crime is specific to the offense and the incidents running up to it. What happens after the offense may not be of much material. And secondly the point is in India the right to freedom and liberty is guarded under article 21 of the constitution of India. Remember if a person in India stands accused of any crime number one he has the right to remain silent. He has the right to remain silent. He cannot he cannot be compelled to become a witness against himself. Second he is under no obligation to turn himself in in the sense the police arrest him well and well and good. Otherwise the other remedies are of course available under the B&S for a person who's absconding.

[00:03:15]But the mere fact that he has not turned himself in will not in my opinion point to his intent. Because see and ultimately he can obviously he can he can stay undercover somewhere. He can file anticipatory bail application. If his anticipatory bail application got rejected he can approach honorable high court. High court rejects his anticipatory bail he can approach honorable supreme court also. And of course course can and of course and if he does not appear the police can file an application get declared an absconder but an accused has a right to protrude maintain his liberty and you know his liberty and freedom. But but many people can argue this is a sign of his guilt.

[00:03:51]Give me a moment here. No, not at all.

[00:03:54]Uh Aditya, I'll come back to that question.

[00:03:55]>> ma'am, this is not a sign of his guilt.

[00:03:57]>> OKAY, I'LL COME BACK TO THAT question and I'll let the lawyers argue it out.

[00:04:00]I'll come back to that question. Give me a moment here because we are hearing from the father who has reacted to Samarth Singh after 10 days finally finally deciding to show up in a court of law and surrender. Let's quickly listen into that.

[00:04:15]Samarth's father who's joining us on the phone line. Thank you so much.

[00:04:20]Finally, now we know Samarth has been taken into custody. He has come in to surrender. There are technicalities involved. But I think that the road to justice slowly is appearing.

[00:04:32]The road to justice is appearing, but you see that today that they have actually withdrawn their bail application. Mhm. And the order has been passed if Samarth want to surrender, he can only surrender in front of IO or in or in the trial court.

[00:04:54]Yes, in Bhopal, that's right. But but but but they they are very smart people.

[00:04:59]They are very influential people from right beginning. I'm telling you they have adopted a backdoor method and they have applied for transit kind of arrest surrender through district court which is actually against the law.

[00:05:16]Which is against the law. He cannot surrender.

[00:05:20]Any judge who is giving the permission of surrender through district court is absolutely violation of the law. Mhm.

[00:05:29]Because today High Court has already instructed that he can surrender only on the two conditions. He should be arrested by police, not surrender.

[00:05:44]This please look out.

[00:05:45]>> Do you think Mr Mr. Sharma, do you think that Samarth being a lawyer himself would know the tactic technicalities of this surrender? The whole family is playing tactic game. Whole family is influencing, you say. This is the clear-cut example. If If If in any case if district court gives the permission of surrendering him, then it's a total violation of the law. It's It will be called It will be called they have actually bought this whole system under their belt. Aditya Pratap, in your view, is this a violation of the law what happened?

[00:06:22]No, see in this case the we have an investigating officer. We have the Katara Hills police station which is investigating. Katara Hills police has the power and ability to to to search him across anywhere in the four corners of India. Now, in my opinion, obviously obviously in this case the court What did the court say? We will not accept your surrender application. You either surrender before the concerned magistrate having jurisdiction who can then either remind you to police custody or you surrender before investigating officer who can who can who can you know arrest you. Now, the point is the onus is on the police because the prerogative to arrest a person is totally within the powers of the police. Courts have only powers to demand to custody. And here in my opinion, the court has has has stuck to the letter of the law of the BNSS that the courts need not, you know, transgress the limits of their jurisdiction. However, if the investigating officer is alert, he can show up at the gates of the court.

[00:07:20]Moment the accused exited the gates of the court, the investigating officer could have reached there and arrested.

[00:07:26]The problem is everyone was clueless. He was sitting quietly inside a courtroom.

[00:07:32]No one had any clue.

[00:07:34]Absolutely no one had any clue till Tisha's lawyer spots him. And then he runs into one of the chambers and he's protected by his own. That is what happened.