Will become Nazi Germany: Patna HC on cop accused of breaking man's legs after asking for his caste

The Patna High Court has directed registration of First Information Report (FIR) against a police officer accused of breaking the legs of a man after coming to know about his caste [Manish Kumar v The State of Bihar]

Justice Jitendra Kumar also ordered the Director General of Police (DGP) to seek a compliance report from the Station House Officer (SHO) of Murar in Buxar, Ara regarding the lodging of FIR against former SHO Kamal Nayan Pandey.

Further, the Court directed the transfer the investigation to the Crime Investigation Department (CID).

The Court said if such brutalities against citizens are not checked, the police may become "like one of Nazi Germany".

"If such conduct is not controlled and checked, the whole rule of law and constitutional protection of life and liberty of the citizen of the country would go to wind and the national police may become like one of Nazi Germany," Justice Kumar said in an order passed on June 16.

The Court passed the order after hearing a writ petition moved by victim Manish Kumar who stated that despite written complaint to the police, no FIR was lodged by the concerned police station.

Kumar alleged that SHO Pandey had broken his legs without any rhyme and reason only because he belonged to a particular caste.

The incident is stated to have taken place on July 4 in 2024. The victim was "going to answer the call of nature" when the SHO is stated to have called him and asked him about his case. The SHO is alleged to have assaulted him after coming to know about his caste.

In a response to Kumar's petition, the Superintendent of Police of Buxar said that the legs of the victim were broken but it was not done by the police.

The Court was told that the victim had slipped on account of rainy weather.

However, the Court said that the complaint disclosed a prima facie case of cognizable offence by Pandey, then SHO. It said no prosecution sanction was required in the matter as such brutal act of the SHO was not part of his official duty.

"The Court, at this Stage, is required not to look into the veracity of the allegation but to see to it that as per the allegation, prima facie cognizable offence is made out," the judge said.

The Court added that it was shocking and disturbing that the victim's cry for lodging of FIR against the SHO went unheard by authorities despite their duty to do the needful to prosecute the accused, even if the accused happened to be a police officer.

It further said that referring the victim and his complaint to judicial magistrate would further the injustice to him. Hence, it ordered registration of FIR against the accused cop.

"As per the allegation, there is clear violation of fundamental right of the Petitioner as granted and guaranteed under Article 21 of the Constitution requiring immediate lodging of FIR, failing which, the people of the Country would lose faith not only in police but even in the Writ Court," the judge said.

The Court said that after registration of FIR, in case the victim is not satisfied by the probe, he can seek transfer of investigation to the Central Bureau of Investigation (CBI).

"Because this matter relates to protection of the fundamental right of the people and brutality committed by the police officer," the Court added.

Advocate Malti Kumar represented the petitioner.

Advocate Akhileshwar Singh represented the State.

[Read Judgment]