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‘Nazi Germany’ Warning: Patna HC Orders FIR Against Cop for Breaking Man’s Legs Over Caste
The has sounded a grave warning over unchecked police excesses, remarking that failing to act against an officer who allegedly brutalized a citizen for his caste would turn Indian policing into something akin to Nazi Germany . Justice Jitendra Kumar handed down the oral judgment on , directing immediate registration of an FIR against the then Station House Officer of Murar police station, Kamal Nayan Pandey, and transferring the probe to the .
The case stemmed from a filed by Manish Kumar, who accused the police officer of breaking both his legs in a severe caste‑based assault on . The court’s decision underscores the constitutional guarantee of life and personal liberty under and the duty of the police to protect all citizens equally.
Background of the Incident According to the petitioner, he was at a friend’s stall in village Chaugaya on , uploading land documents online. When he stepped aside to answer nature’s call around 2 PM, a police vehicle arrived. The SHO, Kamal Nayan Pandey, allegedly questioned him and, upon learning his caste, began hurling caste‑based abuses. The officer and other constables then beat him mercilessly with a danda (baton), breaking both his legs. X‑ray reports submitted with the petition corroborated the fractures.
Despite a written complaint to the police, the Superintendent of Police, and the District Magistrate, no FIR was registered. The victim, a poor man, eventually approached the High Court seeking a direction to lodge the FIR.
Police Defence Rejected The police filed a counter affidavit admitting the leg fractures but offered a bizarre explanation: the petitioner had slipped due to rainy weather and sustained the injuries himself. The court refused to accept this defence, noting that the X‑ray findings were inconsistent with a simple fall and questioning why a poor citizen would dare lodge a false complaint against a police officer.
“The breaking of the legs of the Petitioner, as is visible in the X‑Ray Report, does not persuade this Court to accept the explanation given by the police, nor can one believe that a poor man who does not gather courage to lodge FIR even against his co‑citizen can dare to lodge false report against a police officer.”
Legal Analysis and Case The court held that the allegations, if taken at face value, disclosed a clear . It emphasized that at the stage of considering FIR registration, the veracity of the allegations is not to be examined; what matters is whether a case is made out. The judgment clarified that no prosecution sanction under (now ) was necessary, as the brutal act was “not a part of his official duty.”
The bench sharply criticized the inaction of the authorities: “It is shocking and disturbing that the cry of the victim for lodging of FIR before the concerned police officers, including the Superintendent of Police and the District Magistrate, went unheard by the officers despite their duty to do the needful to prosecute the accused, even if the accused happened to be an officer.”
Nazi Germany Analogy and Constitutional Imperative In a powerful passage, the court invoked the spectre of a totalitarian state, stating that if police brutality remains unchecked, “the whole and constitutional protection of life and liberty of the citizen of the country would go to wind and the national police may become like one of Nazi Germany.” The judge underscored that India is a constitutional democracy founded on the and , regardless of a person’s social and economic standing.
“It is trite to say that ours is a constitutional democracy based on . Howsoever high one may be, the law is above all. There is also and of everybody, howsoever poor he may be.”
Directions and Relief The court issued the following key directions: - The Station House Officer, Murar, Buxar must immediately register an FIR against Kamal Nayan Pandey. - The Director General of Police, Bihar shall ensure compliance and entrust the investigation to the CID, given that the accused is a police officer. - The DGP must send a compliance report to the Registrar General of the within 30 days. - The petitioner is at liberty to approach the court again if dissatisfied with the CID investigation, and may then seek transfer of the case to the .
The judgment thus not only provides redress to the victim but also sends a stern message against caste‑based violence and the culture of impunity within the police force. By grounding its reasoning in and the , the has reaffirmed the constitutional promise of equal protection for every citizen.
