Muslim man beaten, forced to chant Jai Shri Ram: Orissa High Court orders DSP to monitor probe

The Orissa High Court has ordered that the probe into an incident of a Muslim man being attacked and forced to chant Jai Sri Ram be monitored by a senior police officer not below the rank of a Deputy Superintendent of Police (DSP). [Sk. Hanif v. State of Odisha].Justice Savitri Ratho noted that videos of the incident have gone viral on social media. She opined that it would be appropriate for the investigation to be monitored by a senior police officer. "The investigation in the case is in progress, but keeping in view the nature of the allegations and as it is not disputed that the incident had been videographed and made viral over social media, in the opinion of the Court that it would be proper if the investigation of the case is supervised by a Senior Officer not below the rank of DSP," the Court's order stated. .The incident in question took place in early January this year. A group of men assaulted the Muslim man, removed his clothes, tied his legs with rope, dragged him on the street while he was naked and forced him to chant 'Jai Sri Ram' A video of the incident was sent to the IIC Bahalda Police Station and a first information report (FIR) was registered on January 3. The video in question went viral by the next day, January 4.The father of the man who was attacked subsequently moved the High Court seeking to transfer the investigation to the Crime Branch or to a Special Investigation Team (SIT).According to the petition, the FIR was registered for offences under Sections 126(2) (wrongful restraint), 296 (obscene acts), 117(2) (voluntarily causing grievous hurt), 133 (assault or use of criminal force), 351(3) (criminal intimidation), 3(5) (criminal acts done by several persons with common intention) of the Bharatiya Nyaya Sanhita (BNS).The petitioner contended that Sections 111 (organised crime), 299 (deliberate acts intended to outrage religious feelings), 302 (using words to wound religious feelings, 117(4) (grievous hurt caused by group of 5 or more persons) also ought to have been added to the FIR.The counsel representing police authorities submitted that the injuries sustained by the attacked man were simple in nature and that two accused persons were arrested. The Court was also informed that other accused persons are yet to be arrested and the case is under investigation..Considering these circumstances, the Court deemed it fit to order that a senior police officer be appointed to monitor the investigation..The petitioner was represented by advocate PR Chhatoi.The State and police authorities were represented by advocate Sarathi Jyoti Mohanty..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.