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"Police deployed on Dak Bangla Chowk was under very specific instruction to cause danger to life and limb of the BJP leaders and workers, so that they may not reach Assembly House. That apart, the Respondents were acting in concert with Sh. Nitesh Kumar and Sh. Tejasvi Yadav to throttle down the procession which was organized peacefully", the plea had stated.
The Supreme Court today asked the litigant before it seeking a probe by a special Investigating Team headed by a retired judge of the Supreme Court or by the Central Bureau of Investigation (CBI), into the death of death of BJP leader Vijay Kumar Singh and grievous injuries to three other party members, to approach the High Court.
A bench of Justices Surya Kant and Dipankar Datta asked the petitioner, "Why don't you approach the High Court? HC's power of judicial review over police brutality is not limited..".
The bench further advised the petitioner to approach the High Court under section 482 of the Criminal Procedure Code. Hearing this the petitioner chose to withdraw his plea.
The instant PIL seeking a probe into the death of BJP leader Vijay Kumar Singh and grievous injuries to three other party members, who were protesting at Gandhi Maidan, Patna, against Bihar government's Teacher Recruitment policy.
BJP Party Workers and leaders had resolved to assemble at Gandhi Maidan, Patna on July 13, 2023, to protest against the TEACHERS RECRUITMENT POLICY and the deprivation of youth from getting employment in the state government services.
It is the petitioner's case that a conspiracy was hatched out with common intention to ensure at any cost to disperse the peaceful procession organized by the Bhartiya Janta Party at the behest of Sh. Nitish Kumar, Chief Minister and Sh. Tejasvi Yadav, Deputy Chief Minister.
Filed by one Bhupesh Narayan, the plea states that when the procession reached at Dak Bangla Chowk, Police Force not only armed with lathi but water cannon and tear gas shell, in a pre -plan mannered, surrounded the procession and charged on them with a lathi, which resulted into chaotic situation.
"The Police brutality and atrocity resulted into death of one Vijay Kumar Singh, an office bearer of BJP District Unit of, Jehanabad District. Sh. Janardan Singh Sigriwal, Member of Parliament from Maharajganj, Bihar and Sh. Kedar Gupta, MLA from Kudhani Assembly Constituency, Bihar was given blow by the Police on their head and chest...", the plea filed through Advocate Barun Kumar Sinha states.
In this backdrop, it is sought that the investigating agency should take over all the FIRs registered by the local police of Patna in connection with the said incident and investigate the role played by state authorities and any other Officers of the State Government in protecting the real perpetrators of the incident.
Case Title: Bhupesh Narayan vs. State of Bihar and ors.
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