Police Attack On Bihar Judge: Supreme Court Dismisses PIL Due To Insufficiency Of Official Record And Non Verification Of Allegations

The Supreme Court on Friday dismissed a plea seeking for a judicial inquiry into an incident which took place in Aurangabad, Bihar, wherein a District Judge, Dr. Dinesh Kumar Pradhan, was allegedly threatened, abused and chased by a police sub-inspector.

A bench comprising of Justice A.M. Khanwilkar and Justice Aniruddha Bose dismissed the PIL after referring to the counter affidavits filed by the Bihar Police. According to the bench, neither the factual position could be verified in the matter nor was supported by any official record.

Earlier, the bench directed the petitioner to add the concerned police officer as a party in the case.

While referring to the response of the Bihar Police, the bench ordered:

"This petition has been filed without verifying the factual position nor is supported by any official record, whereas the counter affidavit discloses the true state of affairs and which need no further elaboration or adjudication. The writ petition and other pending applications are dismissed."

On October 21, the senior additional District Judge, Dr. Pradhan, had been allegedly abused, threatened and chased by a police sub-inspector named Pranav of the Town police station in Aurangabad when he was on an evening walk. The SI was accompanied by paramilitary personnel for a flag march at that time.

In view of the newspaper reports, a Public Interest Litigation(PIL) was filed seeking a court-monitored inquiry into the incident and measures to ensure the protection of judicial officers.

According to the petitioner, "Attack and assault upon the judges and magistrates by police not only lowers 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."

The petitioner sought direction to register FIR in the matter against the erring/identified police officials under section 307, 511 and 365 of Indian penal Code and other relevant provisions and set up a two-member inquiry commission consisting of sitting High Court judges to inquire into the incident and to submit a report before the Supreme Court.

The petition further sought initiation of criminal contempt proceedings against the erring police officer and also against the Director General of Police of Bihar for his alleged inaction.

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