Police Attack & Assault on Judges & Magistrates Lowers the Dignity of Judiciary: PIL Filed in SC Seeks Court Monitored Enquiry
(Judicial Quest News Network)
A PIL has been filed in Supreme Court seeking a Court monitored enquiry into the incident of an Assault on District Judge Dr. Dinesh Pradhan.
The petition is filed by Advocate Vishal Tiwari states that District Judge was allegedly abused, threatened and chased by a police sub-inspector of the Town Police Station at District of Aurangabad Bihar, when he (District Judge) was on evening walk on October 21, the SI was accompanied by paramilitary personnel for a flag march that time.
Following the incident, the Bihar Judicial Services Association had written a letter to the DGP on October 24 seeking action against the erring officers, but no action was taken yet in connection with the incident.
The petitioner further submits that Parnav (SI) had a grudge against the judicial officer as Pradhan (Judge) 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.
The Petitioner Asserts that the attack on the is a blot on the entire judiciary and legal fraternity, if left unpunished, it will lower the public confidence in the efficacy of the criminal justice system.
“Attack and assault upon the judges and magistrates by police not only lower the dignity of judiciary but it also leaves the impression in the minds of public that when the judicial officers are not safe from police atrocities than what safety public will aspect”
Petitioner points out that a similar incident in Nadiad (Gujarat)in the year 1989 the chief judicial magistrate was beaten, handcuffed, paraded and molested by police for the reason that he wrote to the DGP of the State for action against the police station for dereliction of duty by police officials of that police station in serving summons etic, that incident shook the entire nation. Honorable Supreme court of India took the cognizance under criminal contempt and punished the erring police officials, only than justice was done.
Mr. Vishal prays for an immediate FIR registration and take following actions against the erring officials
Issue direction to setup a Two-member Inquiry commission in the matter for collecting the facts and evidence and for recording the evidence, the members shall be the sitting judges of the High court and shall submit the report before this Honorable court with in time bound period may be in one month;
ii. Initiate criminal contempt proceedings and punish under The contempt of courts Act, 1971 the erring police officials who assaulted and attacked the District judge Aurangabad Dr, Dinesh Pradhan. Also punish the higher police officials (Director General of police Bihar and Superintendent of police Auarngabad) for their inaction;
iii. Direct the respondents to register the FIR in the matter against the erring/identified police officials under section 307, 364 Read with 511, 365 Read with 511 of Indian penal Code and in other relevant penal provisions;
iv. Direct all State Governments to ensure and take measures for the safety and security of the judicial officers of the Subordinate judiciary in their respective states.
