Patna: In a significant ruling underscoring the importance of police accountability and constitutional safeguards, the Patna High Court has ordered the registration of an FIR against a former Bihar police officer accused of brutally assaulting a Dalit man after allegedly discovering his caste. The Court cautioned that unchecked police excesses could turn the force into “one like Nazi Germany,” stressing the urgent need to uphold the rule of law.
Justice Jitendra Kumar directed the registration of an FIR against former Murar Station House Officer (SHO) Kamal Nayan Pandey and instructed the Director General of Police (DGP) to submit a compliance report confirming that the case has been registered. The Court also transferred the investigation to the Crime Investigation Department (CID) to ensure an independent probe.
The order came while hearing a writ petition filed by Manish Kumar, who alleged that despite repeatedly approaching the authorities with a written complaint, the police refused to register an FIR against the former SHO.
According to the petition, the incident occurred on July 4, 2024, when Kumar was allegedly stopped by Pandey while heading out to relieve himself. Kumar claimed that after questioning him about his identity and learning about his caste, the officer assaulted him so severely that both his legs were fractured.
The Superintendent of Police, Buxar, disputed the allegations, asserting that Kumar sustained the injuries after slipping during rainy weather. However, the High Court observed that the complaint disclosed a prima facie cognisable offence, making immediate registration of an FIR mandatory. The Court further held that no prior sanction was required to prosecute the officer, as the alleged assault could not be treated as part of his official duties.
Calling the police’s refusal to register the case “shocking and disturbing,” Justice Kumar said the victim’s constitutional rights under Article 21 had been violated. The Court warned that failure to act against such allegations would erode public faith in both the police and the judiciary. It also clarified that if the petitioner remains dissatisfied with the CID investigation, he may seek a transfer of the probe to the Central Bureau of Investigation (CBI).