1. Heard the learned Counsel for the petitioner and the A.G.A.
2. This is yet another case of human rights violation by the police of this State. According to the petitioner, the Police of Nawabganj P.S. in the district of Bareilly mercilessly assaulted three persons namely, Mohan, Sanjoy and Smt. Lally, wife of Mohan and out of them one succumbed to his injuries. Mohan while being treated in the hospital gave statement to the Magistrate that he was beaten by the police. A complaint was made to S.S.P., Bareilly and other authorities but no action was taken against the erring police officers involved in such heinous crime. The police rather created a story of their own that market chowkidar on hearing shrieks from inside a tent rushed there and found tree persons lying injured and the persons who assaulted the injured fled away. On the report of the Chowkidar, the police registered a case in order to help the police and to screen the offenders. When one of the injured made statement to the Magistrate while undergoing treatment in the hospital that it was the police officers who committed the crime, S.S.P., Bareilly to whom complaint was made should have entrusted the investigation to a senior police officer and not to any officer of the concerned police station. It is fundamental that the person cannot be the Judge of his own cause. So when the accusation is against the police officers of Nawabganj P.S., in all fairness S.S.P., Bareilly should have either investigated the case himself or entrusted the same to any other senior officer. The police of this State have earned bad name for violating human rights. The horror of Maya Tyagi case is still in our mind. We, therefore, cannot be silent spectators to such type of incident and approve the steps taken by the police to screen the real offenders. In our opinion, it is a fit case where the investigation should be entrusted to the Central Bureau of Investigation (C.B.I.). It is, accordingly, so ordered. We direct the S.S.P., Bareilly to hand over the case diary and other papers of case Crime No. 34 of 2003 under Sections 323 and 308 I.P.C. registered at P.S. Nawabganj District Bareilly to the Director, C.B.I. who in turn get the case investigated through a superior officer not below the rank of Superintendent of Police.
3. Though we have disposed of the case finally, we require to know the progress of investigation. List the case on 4th July, 2003 on which date the investigating officer of the C.B.I. shall submit the progress report.
4. Registry is directed to send a copy of this order to the Director, C.B.I., New Delhi for compliance.
5. A free copy of this order be given to Sri Surendra Singh, learned A.G.A. and Sri Girdhar Nath, Counsel for C.B.I. for compliance.
