AMAR NATH PODDAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been preferred for issuance of a writ, order or direction in the nature of a writ of mandamus commanding the respondent no. 3, Central Bureau of Investigation (in short C.B.I. ) to conduct a free, fair, independent and effective investigation, in a time bound manner, under monitoring of this Court; further prayer has been made to direct respondent nos. 1 and 2 to immediately disburse a compensation of Rs. 5 crore to the petitioner, for the brutal killing of the young son of the petitioner in the alleged police firing. Petitioner has prayed for such other order(s) or relief(s) as may be deemed fit and proper in the facts and circumstances of the case.

(2.) Briefly stating, it is the case of the petitioner that on 26.10.2020 while his son namely Anurag Kumar, aged about 18 years was peacefully watching the procession of immersion of Maa Durga idol, he was killed in a police firing. The petitioner alleged that the police personnel led by the then Superintendent of Police (S.P.) of Munger, namely, Ms. Lipi Singh was insisting the procession for hurriedly completing the Maa Durga idol immersion in the night itself without following the traditional hierarchical procession which led to a chaos. The son of the petitioner was present in the immersion procession near DCM Showroom at Deen Dayal Chowk and he was peacefully watching the Maa Durga idol immersion procession. He was completely unarmed and was peacefully standing at that place, out of his devotion.

(3.) The petitioner has alleged that the Munger Police led by the then S.P. did not follow the procedures provided under the Bihar Police Manual in the matter of resorting to firing on a crowd, they indulged in indiscriminate and brutal firing on the Maa Durga Devi devotees. The petitioner has named one Sushil Kumar Singh, a police officer, who was officer in-charge of Basudevpur Outpost and it is alleged that he had fired upon the son of the petitioner. The petitioner refers to the photographs of the body of his son lying in his mother s lap to submit that it was a brutal murder in the hand of the police who resorted to firing unauthorizedly and without putting a word of caution to crowd.