JUDGMENT :

Dhananjaya Y. Chandrachud, J.

1. Leave granted.

2. This appeal arises from a judgment of a Division Bench of the High Court of Madhya Pradesh dated 5 September 2019.

3. The first respondent was posted as Superintendent of Police at Alirajpur from June 2012 to June 2015. It has been alleged that in spite of the instructions issued by the Inspector General of Police, Indore Zone to disband the “Gunda squad”, the first respondent constituted, supervised and operated the squad. It has been alleged that on 1 June 2014, individuals belonging to such a squad, acting under the supervision of the first respondent arrested an accused who was taken into custody after being called to the police station by the members of the Gunda Squad. The person, who was under interrogation, died in custody on 3 June 2014. A magisterial enquiry was conducted into the custodial death and a report was submitted on 10 October 2014. The report contained observations against the first respondent on his role in illegally constituting the squad.

4. Challenging the observations made by the JMFC Alirajpur, in his report dated 10 October 2014, the first respondent instituted proceedings before the High Court of