Court mandates senior officer oversight to ensure fair investigation in viral assault case
In a significant ruling, the Orissa High Court has directed that the investigation into a high-profile communal violence case in Bahalda be supervised by a senior police officer of rank not below Deputy Superintendent of Police (DSP) or Sub-Divisional Police Officer (SDPO). The case, which involves allegations of assault and humiliation of a young man, Sk. Saharukh, was brought into the spotlight after a video of the incident went viral on social media.
Presiding over the case, Justice Miss Savitri Ratho emphasized the necessity for a meticulous and unbiased investigation, acknowledging the serious nature of the allegations and the public dissemination of the incident. The petitioner, Sk. Hanif, father of the victim, urged the court to hand over the investigation to the Crime Branch or form a Special Investigation Team (SIT). Despite not being the informant in the case, the court decided to entertain the Criminal Miscellaneous Petition (CRLMP) due to the gravity of the situation.
The original FIR, filed after the video went viral, included several charges under the Bharatiya Nyaya Sanhita (BNS), but omitted Sections 111, 299, 302, and 117(4), which the petitioner's counsel argued were relevant. This prompted the court to order an oversight of the investigation to ensure all necessary charges are considered, and the inquiry remains fair and impartial.
The Additional Standing Counsel for the state, Mr. Sarathi Jyoti Mohanty, informed the court about the progress made in the investigation, including arrests and medical examinations of the accused, Kunal Sahu and Santosh Kumar Sahu. Despite these efforts, the court found it essential to assign a senior officer to oversee the investigation process comprehensively.
Justice Ratho's decision underscores the judiciary's commitment to ensuring justice is served without prejudice, particularly in cases involving communal sensitivities. The court's directive aims to bolster the public's trust in the legal system by ensuring transparency and accountability in the investigation process.
The case will continue to be closely watched, with the court having set a precedent for handling similar cases of communal violence in the future. The directive for senior officer supervision is expected to facilitate a thorough and impartial investigation, culminating in a fair legal process.
Bottom Line:
Investigation in cases involving communal violence and abuse must be supervised by a Senior Officer not below the rank of DSP/SDPO to ensure a fair and lawful investigation.
Statutory provision(s): Sections 111, 117(2), 117(4), 126(2), 133, 155(2), 296, 299, 302, 351(3) of Bharatiya Nyaya Sanhita (BNS), and Section 53 of Bharatiya Nagarik Suraksha Sanhita (BNSS).
SK. Hanif v. State of Odisha, (Orissa) : Law Finder Doc id # 2876626
