PATNA: The Patna HC has ordered registration of an FIR against a station house officer (SHO) accused of assaulting a man in custody and breaking his legs, and warning against “Nazi Germany-style” policing.
Directing the CID of Bihar Police to investigate allegations of custodial assault, the HC warned that unchecked police brutality could undermine the rule of law.
Hearing a petition filed by victim Manish Kumar, Justice Jitendra Kumar on Tuesday observed that if such conduct by the police was allowed to continue, the constitutional guarantee of life and personal liberty would be rendered meaningless.
“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 this country will cease to exist. The national police force could turn into something like that of Nazi Germany,” he said.
The court directed immediate registration of an FIR against former SHO Kamal Nayan Pandey of Murar police station in Bihar’s Buxar district and ordered that the investigation be transferred to the CID to ensure an impartial probe.
According to the petition, Kumar, a resident of Ganghar village in Bhojpur district, had gone to a friend’s shop in Chaugain village in Buxar on July 4, 2024.
Around 2 pm, a vehicle from Murar police station reached the spot. Kumar alleged that Pandey asked for his name and caste. After learning his caste, the officer along with other policemen verbally abused him and assaulted him with lathis, leaving him with fractures in both legs.
Police denied the allegations, claiming before the court that Kumar had slipped during rainy weather and sustained the injuries. Rejecting the explanation, the HC relied on X-ray reports and other material on record, observing that the injuries were inconsistent with the police version.
The court held that a brutal assault by a police officer on a citizen cannot be treated as an act performed in the discharge of official duty. It ruled that no prior sanction under section 197 of the CrPC or section 218 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) was required to initiate proceedings against the accused officer.
The HC directed the Bihar DGP to obtain a report on the FIR registered at Murar police station and ensure that the CID conducts an independent investigation. The court ordered that a compliance report be submitted to the registrar general within 30 days.