PATNA: The high court will monitor the fresh investigation into the killing of an 18-year-old youth, Anurag Poddar, in alleged police firing near Deen Dayal Chowk in Munger, during the Durga Puja idol immersion procession on October 26 last year.
Justice Rajeev Ranjan Prasad passed a detailed judgment on Wednesday, directing the state government to shift the eight-member special investigation team, including the current Munger SP, to some other place within three days to ensure a free and fair investigation. The CID will now investigate the case.
The court observed that the order to shift the SIT elsewhere must not be seen as an indictment of those officers, and no adverse inference shall be drawn against them.
The court observed that the investigation by Munger police didn’t progress with the desired pace and precision.
The court further observed that the CID must get an opportunity to act freely, collect evidence and submit its first report in a sealed cover within four weeks for the next hearing.
The court didn’t agree to a CBI inquiry observing that there was no strong material present that CID will not investigate the case against police personnel in a free and fair manner.
However, the court has given the liberty to the petitioner, Amar Nath Poddar, the slain youth’s father, to point out to the court if the investigation is not progressing in a natural direction or if it is biased or influenced by any person. Petitioner had pleaded for a CBI inquiry in his son’s death in the alleged police firing along with compensation of Rs 5 crore.
The high court also gave the liberty to CID ADG to take over all connected cases if required to maintain uniformity and consistency in the investigation into the youth’s killing.
The HC also directed the ADGP to decide on constituting a special investigation team as per requirement and he will also constitute a team consisting of police officers above the rank of DSP whenever required to interrogate police personnel for investigation.
On the assurance of advocate general Lalit Kishore, the bench also directed that CID ADG Vinay Kumar shall not be transferred anywhere else in the course of the investigation.
The court has also ordered the state government to pay Rs 10 lakh to the petitioner as compensation within one month. The petitioner can claim further compensation against the wrongdoers.
Supreme Court advocate Alakh Alok Srivastava, assisted by Manas Prakash, were appearing pro bono for the petitioner, while advocate general Lalit Kishore, additional advocate general Anjani Kumar, government pleader Nadim Seraj, assisted by Shailesh Kumar and Shailendra Kumar Singh, were appearing for the state government.