Police attack on Bihar judge: SC asks petitioner to add sub-inspector as party
Nov 26, 2020
New Delhi [India], November 26 : The Supreme Court on Thursday asked the petitioner cum lawyer, Vishal Tiwari to amend his petition and make the Sub Inspector, as a party, in his plea seeking appropriate directions against the accused in connection with the case in which, the District Judge (DJ), at Aurangabad, Bihar, Dr Dinesh Pradhan, was allegedly abused, threatened, assaulted and attacked.
A two-judge bench of the Apex Court, headed by Justice A M Khanwilkar and also comprising Justice B R Gavai, after hearing the Public Interest Litigation (PIL) filed by petitioner-cum-lawyer, said, you (petitioner) amend your petition. "You (petitioner-Tiwari) want the case to be continued against the accused, but why don't you make him as a party," Justice Khanwilkar asked Tiwari and posted the matter for further hearing after two weeks.
Vishal Tiwari had filed the PIL before the top court seeking appropriate directions against the erring police officials (Sub Inspector, accused Pranav), who is allegedly involved in assaulting the DJ, Dr Pradhan.
"Strict action must be taken against those involved in such kind of acts. This is an attack not against a judge, but on the judiciary," Vishal Tiwari claimed in his petition.
He further sought a direction from the apex court to setup a two-member Inquiry commission in the matter for collecting the facts and evidence and for recording the evidence.
The members shall be the sitting judges of the High court and shall submit the report before this court within time bound period may be in one month, he stated and sought these directions from the Supreme court, Vishal Tiwari in his petition stated.
"Initiate criminal contempt proceedings and punish under The Contempt of Courts Act, 1971, against the erring police officials who had allegedly assaulted and attacked the DJ, Aurangabad Dr Pradhan," Vishal Tiwari said and sought these directions to be passed, in his petition.
He also sought that the apex court must pass appropriate directions to punish the higher police officials (Director General of Police, Bihar, Superintendent of Police, Aurangabad) for their alleged inaction.
The top court should direct the respondents to register the FIR in the matter against the erring/identified police officials under Section 307 (Attempt to murder), 511 (Criminal intimidation) and other various sections of the (Indian Penal Code), Vishal Tiwari, sought in his petition.
The Supreme Court should also direct all the state governments to ensure and take measures for the safety and security of the judicial officers of the Subordinate Judiciary in their respective states, Tiwari sought in his petition.
He claimed an attack upon a judicial officer is not merely attack upon a person but it brings the entire judicial system/Subordinate judiciary under dishonour, disrespect and in danger.
If it is the confidence of the public that the judicial officers are not safe and no action is taken upon their complaints then what would be the condition of the public who approaches court with the complaints against police officials in their matters, Tiwari said in his petition.
The police cannot be allowed to perform in an illegal manner and assault a judicial officer lowering down the dignity of court, Tiwari claimed in his petition.
The prime accused, one Sub Inspector, Pranav of the Town police station, on his evening walk on October 21, 2020, was accompanied by paramilitary personnel for a flag march that time, allegedly abused, threatened, assaulted and attacked Dr Pradhan, Tiwari said in his petition.
It has been found that Pranav had a grudge against the judicial officer, Dr Pradhan, as he had taken action against him and a few other police officers for dereliction of duty a few months back when he was the Aurangabad Chief Judicial Magistrate. This may be the reason, why he allegedly assaulted, threatened and criminally intimidated Dr Pradhan, Tiwari said in his petition.
The Bihar Judicial Services Association had written a letter to the DGP on October 24 seeking action against erring officers, but no step was taken yet in connection with the incident.
