Court Directs CID Investigation; Emphasizes Upholding Fundamental Rights and Police Accountability
In a landmark ruling, the Patna High Court, presided over by Justice Jitendra Kumar, has ordered the immediate lodging of a First Information Report (FIR) against the Station House Officer (SHO) of Murar, Buxar, for allegedly assaulting a man based on caste discrimination. The court has also directed the Crime Investigation Department (CID) to investigate the case, highlighting the critical role of the judiciary in safeguarding fundamental rights and ensuring police accountability.
The case was brought to the court by petitioner Manish Kumar, who alleged that he was brutally assaulted by the SHO, resulting in the breaking of his legs. According to the petitioner, the assault occurred after the SHO learned of his caste, leading to a violent attack with a baton. Despite submitting a written complaint to the police and local authorities, no FIR was lodged, prompting Kumar to seek judicial intervention.
The court dismissed the police's defense, which claimed that the petitioner’s injuries were due to a slip caused by rainy weather. Justice Kumar emphasized that the visible injuries on the X-ray report contradicted this explanation and underscored the severity of the allegations. The court noted that the brutality allegedly inflicted by the police officer was not part of any official duty, therefore not necessitating sanction for prosecution under the Criminal Procedure Code and Bharatiya Nyaya Sanhita.
Justice Kumar's judgment reiterated the importance of equal protection under the law and the necessity for prompt action to maintain public trust in the police and judiciary. The court directed the Director General of Police, Bihar, to oversee the compliance with the FIR registration and to submit a report. The judgment also provided the petitioner with the liberty to request a Central Bureau of Investigation (CBI) probe if dissatisfied with the CID's findings.
The ruling underscores the judiciary's role in upholding constitutional rights and addressing unchecked police misconduct, which poses a threat to democratic principles and the rule of law. The DGP has been instructed to submit a compliance report within thirty days, ensuring the execution of the court’s directives.
Bottom line:-
Police brutality and caste-based discrimination - Court directs immediate lodging of FIR and investigation by CID against police officer accused of brutality, emphasizing protection of fundamental rights under Article 21 of the Constitution.
Statutory provision(s): Criminal Procedure Code, 1973 Section 156(3), Bharatiya Nyaya Sanhita, 2023 Section 175(3), Article 21 of the Constitution, Criminal Procedure Code, 1973 Section 197, Bharatiya Nyaya Sanhita, 2023 Section 218(3)
Manish Kumar v. State of Bihar, (Patna) : Law Finder Doc id # 2927508
