N GOPALASWAMI SECRETARY GENERAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) KEEPING in view the nature of controversy involved in this writ application, it was heard in detail and is being disposed of finally at the stage of admission itself.

(2.) THE petitioner in this writ application is Secretary General of National Human Rights Commission (NHRC), a body constituted under section 3 of Protection of Human Rights Act, 1993 (hereinafter referred to as 'the Act '). Originally, this writ application was filed under Article 226 of the Constitution of India with a prayer to quash order dated 19.2.1996 (Annexure -5) passed by Additional Chief Judicial Magistrate, Danapur by which he accepted the final report submitted by the police in Naubatpur PS Case No. 96 of 1995 and for issuance of a writ/direction/order commanding the respondents to hold an independent investigation to prevent miscarriage of justice. The salient facts which led to the filing of this writ application are as follows :

(3.) THE matter of custodial death of two youths was enquired into by a team of citizens belonging to Bihar Branch of PUCL in July, 1994 and as per their report based upon statement of several eye witnesses including the injured -Rajnish, the incident took place due to refusal to give some motor parts on credit to police personnels and the two youths were allegedly beaten in the police station in presence of a Deputy Superintendent of Police, Ms Sangita and they died due to brutal beating by the police.