Warning that unchecked police brutality could erode constitutional safeguards, the Patna High Court observed that if such conduct is not curbed, “the national police force could turn into something like that of Nazi Germany,” while ordering an FIR against a former police officer in an alleged assault case.
"If such conduct by the police is not curbed and controlled, the rule of law and the constitutional protection of citizens' lives and liberty in the country will cease to exist. The national police force could turn into something like that of Nazi Germany," the court observed.
A single-judge bench led by Justice Jitendra Kumar directed that an FIR be immediately registered against Kamal Nayan Pandey, who was serving as Station House Officer (SHO) at Murar Police Station in Buxar district at the time of the incident. The court also ordered that the investigation be handed over to the Criminal Investigation Department (CID) of the Bihar Police to ensure a fair and impartial probe.
The directions came during the hearing of a petition filed by Manish Kumar, a resident of Ganghar village in Bhojpur district. According to the petition, Kumar was allegedly assaulted by police personnel on July 4, 2024, in Chaugain village under Buxar district.
He claimed that while stepping out of a friend’s shop around 2 pm, a police vehicle arrived, and the officer questioned him about his name and caste. After learning his caste, the officer and other policemen allegedly abused him and beat him with lathis, causing fractures in both legs. The police, however, argued before the court that Kumar had slipped due to rainy conditions and sustained injuries in the fall. The High Court rejected this explanation after examining X-ray reports and other medical evidence.
Justice Kumar observed that allowing such behaviour to continue unchecked would endanger the constitutional guarantee of life and personal liberty, emphasising the need for strict accountability in cases of alleged police excess.
The court further ruled that a brutal assault by a police officer cannot be considered part of official duty and held that prior sanction under Section 197 of the Code of Criminal Procedure (CrPC) or Section 218 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) is not required in such cases.
The High Court directed the Bihar Director General of Police to obtain a report on the FIR registered at Murar Police Station and ensure that the CID conducts a thorough and impartial investigation.
The court has also ordered that a compliance report be submitted to the Registrar General within 30 days. It granted liberty to the petitioner to approach the court again seeking a Central Bureau of Investigation (CBI) probe if he is not satisfied with the outcome of the CID inquiry.
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