Police Attack On Bihar District Judge: Lawyer Files PIL In Supreme Court Seeking Court Monitored Inquiry

In the wake of the reports about a policeman attacking a District Judge in Bihar, a lawyer has filed a Public Interest Litigation(PIL) in the Supreme Court seeking a court-monitored inquiry into the incident and measures to ensure the protection of judicial officers.

The petition filed by Advocate Vishal Tiwari refers to newspaper reports about the District Judge of Aurangabad being chased, abused, threatened, and assaulted by a police sub-inspector on October 21 while he was on his evening walk.

Following the incident, 'The Association for Judges' has addressed a letter to the Supreme Court of India and the Patna High Court, seeking strict action against the erring police officer.

In his PIL, Advocate Tiwari states that no FIR has been registered with respect to the incident and no protection has been given to the judge.

The lawyer asserts that the attack on a judge is a blot on the entire judiciary and legal fraternity, and 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 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 PIL reads

Mr. Tiwari points out that when a similar incident of a police attack on a Chief Judicial Magistrate happened in Gujarat in 1989, the Supreme Court had taken cognizance of it under criminal contempt and punished the concerned officials in the case DELHI JUDICIAL SERVICE ASSOCIATION TIS HAZARI COURT, DELHI Vs. STATE OF GUJARAT AND ORS. ETC.AIR 1991 2176.

He prays for a similar response over the Aurangabad incident, which is stated to be on account of the policeman's personal grudge against the judge.

The petition seeks a direction to register 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 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 seeks initiation of criminal contempt proceedings against the erring police officer and also against the Director General of Police of Bihar for his alleged inaction.