NEW DELHI: The Supreme Court on Friday refused to entertain a Public Interest Litigation (PIL) filed by lawyer Vishal Tiwari seeking appropriate directions against the accused in the case where the District Judge (DJ) of Aurangabad, Bihar, Dr Dinesh K Pradhan, was allegedly abused, threatened, assaulted and attacked.
While refusing to entertain the PIL, a two-judge bench of the Apex Court, headed by Justice AM Khanwilkar and also comprising Justice BR Gavai, said the counter affidavit has been filed by the respondent (Bihar government) and the facts were not verified. The enquiry was made and nothing was found.
Tiwari filed the PIL before the SC seeking appropriate direction against the erring police officials who are allegedly involved in assaulting 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 the direction of the setting up of a two-member inquiry commission in the matter for the collection of facts and evidence.
"Members shall be the sitting judges of the High Court and shall submit the report before this Honorable court within a time-bound period, maybe 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," Vishal Tiwari said and sought these directions to be passed in his petition.
He also sought the passing of appropriate directions by the apex court to punish higher police officials (Director General of Police, Superintendent of police) 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 that the attack upon the judicial officer was not merely an attack upon a person, but brought out the entire judicial system/subordinate judiciary under dishonour, disrespect and in danger.
When judicial officers are not safe and no action is taken upon their complaints, then what would be the condition of the public who approach the court with against police officials in their matters, Tiwari pointed out 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," he added.
The prime accused, Sub Inspector Pranav of the town police station while on his evening walk on October 21 last year was accompanied by paramilitary personnel for a flag march that time, allegedly abused, threatened, assaulted and attacked Dr Pradhan.
The petition further said, "It has been found that Pranav had a grudge against 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 intimidate him."
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.