SC requests Patna HC to decide criminal writ petition at early date in connection with murder case
Jan 26, 2021
New Delhi [India], January 26 : The Supreme Court has recently in an order requested the Patna High Court to decide the criminal writ petition at an early date, preferably within two months, in connection with the brutal murder of 18-year-old Anurag Poddar in Bihar's Munger last year.
A two-judge bench of the Apex Court, led by Justice Mohan M Shantanagoudar and Justice Ajay Rastogi, was hearing the petition filed by Anurag Poddar's mother, through her lawyer, Alakh Alok Srivastava.
Earlier, not seeing any ray of hope to get a chance of being heard the matter in the Patna High Court Anurag's mother had knocked the doors of the Supreme Court seeking an urgent hearing and justice for her son.
"The writ petition is dismissed as withdrawn with liberty as sought for by the petitioner in the case," the bench of the top court said.
Anurag's mother had filed a criminal writ petition and sought an immediate hearing in the case in the Supreme Court.
Srivastava stated that Anurag was brutally killed on October 26, last year, in the police firing during Goddess Durga Idol immersion in Munger. Despite over two months, not a single arrest was made nor a single person named in the FIR filed in this regard.
In the last week of December 2020, the father of Anurag had filed a criminal writ petition in the Patna High Court, seeking a CBI enquiry in the brutal killing.
Thereafter, his lawyer, mentioned it twice for urgent listing before the Patna HC. However, their urgent hearing request has been declined by Patna High Court, citing "no urgency".
With the case unlikely to get listed in near future in the High Court, Anurag's mother filed the petition before the Supreme Court and sought an immediate hearing in the case.
The petitioner claimed that as per the eye-witnesses' account, her innocent and unarmed son was brutally killed in police firing on October 26, last year, by Bihar police personnel, without any provocation or warning.
This categorically depicts that the ongoing probe being conducted by the Bihar Police is only a sham investigation and is unlikely to render justice to the petitioner, Srivastava appearing for the victim's mother said.
"Since the accusations are direct against the local police personnel, it is in the interest of justice to entrust the said investigation to an independent agency like, CBI, so that all concerned, including the relatives of the deceased, may feel assured that an independent agency is looking into the matter and that would lend the final outcome of the investigation credible," the petitioner said.
The petitioner further said that if the CBI investigation, as prayed for, is not ordered forthwith, then the same may lead to destruction of vital pieces of evidences by the accused police personnel, which will ultimately lead to gross miscarriage of justice.
The brutal police firing by the Bihar Police on petitioner's son and also on the innocent and unarmed devotees of Maa Durga on the unfortunate day has further utterly violated their constitutional right to freedom of religion, the petition said.
There was no warning given by the Munger police to the petitioner's son or to other devotees, before resorting to such lethal attack. If there was some chaos, it could have been controlled by minimum use of force by the police, the petition claimed.
We are very happy and thankful to the SC for expediting our original plea pending before the Patna High Court seeking CBI enquiry, Srivastava told ANI.