The Supreme Court has ordered a fresh investigation into the 2023 death of Salman Khan, the driver of a Congress election candidate in Madhya Pradesh, holding that the allegations raised by the victim's family require an independent examination to ensure fairness.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohan directed the Director General of Police (DGP), Madhya Pradesh, to constitute a Special Investigation Team (SIT) headed by an IPS officer from outside the State cadre. The Court said the new team must independently re-examine the case without being influenced by the investigation already carried out.
Widow Questions Fairness of Police Investigation
The petition was filed by Rajiya Ali, wife of the deceased Salman Khan, who alleged that her husband was deliberately killed during the 2023 Madhya Pradesh Assembly election campaign.
According to the plea, Salman was working as the driver of Congress candidate Kunwar Vikram Singh Natiraja when the incident occurred shortly before polling. The petitioner claimed that individuals linked to a sitting BJP MLA were responsible for the incident and alleged that political influence prevented an impartial investigation.
She argued before the Court that despite repeatedly approaching the authorities, important aspects of the case were ignored and several eyewitnesses were never examined by the investigating agency.
State Defends Existing Probe
Appearing for the State of Madhya Pradesh, Additional Solicitor General S.V. Raju opposed the request for transferring the investigation. He submitted that the police had conducted the probe fairly, independently and without bias, adding that the investigation was at an advanced stage.
However, counsel for the petitioner argued that multiple eyewitnesses had voluntarily submitted affidavits claiming to have witnessed the incident, yet their statements were never formally recorded during the investigation.
During the hearing, Chief Justice Surya Kant observed that revealing the identities of witnesses in open court could expose them to unnecessary risks. The Bench suggested that the names could instead be provided to the investigating authorities so that their statements could be properly recorded.
Justice Joymalya Bagchi also remarked that the investigating agency had a responsibility to inspire public confidence in the fairness of the process.
Court Finds Independent Investigation Necessary
After considering the rival submissions, the Bench concluded that the nature of the allegations warranted a fresh investigation by senior officers.
The Court observed:
"Having regard to the nature of the allegations, it seems to us that in the interest of justice and fair play, the subject FIR should be investigated by a team of senior officers."
The Bench clarified that it was not expressing any opinion on the truthfulness of the allegations and that the new investigation would independently determine the facts in accordance with law.
Directions for Constitution of SIT
The Supreme Court directed the Madhya Pradesh DGP to constitute the SIT within two days.
The investigation team will consist of five senior police officers—three IPS officers of the rank of Senior Superintendent of Police and two officers not below the rank of Deputy Superintendent of Police or Additional Superintendent of Police.
To ensure neutrality, the Court ordered that none of the officers should belong to the Chhatarpur district police jurisdiction. It further directed that the officer leading the SIT must be an IPS officer serving in Madhya Pradesh but belonging to the cadre of another State.
The Bench also instructed that the entire case record be handed over to the SIT immediately after its constitution.
Eyewitness Statements Must Be Recorded
A significant part of the Court's order relates to the eyewitnesses whose statements, according to the petitioner, had not been recorded despite their willingness to cooperate.
The Court directed the SIT to formally record the affidavits and statements of those witnesses and consider them while conducting the fresh investigation.
"The SIT shall proceed afresh in accordance with law. It is afresh in the sense that the SIT will decide the course of the investigation. The matter shall be probed uninfluenced," the Bench said.
The Court further directed that the investigation be completed within two months before the SIT submits its report before the competent court.
The matter has accordingly been transferred to the newly constituted SIT for a fresh and independent investigation.
Case Details:
Case Title: RAJIYA ALI Versus UNION OF INDIA AND ORS.
Case Number: W.P. (Crl.) No. 364/2025
Judge: Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohan
Decision Date: 13 July 2026
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