A bench of justices P Sathasivam and Ranjan Gogoi issued notice to Gopal Kanda and his brother Govind Kanda on an INLD activist's plea for his prosecution.
Petitioner Pradeep Kumar alleged that he along with his colleagues were attacked and beaten by the two brothers when they were holding protest against the state government for erratic power and water supply on April 3, 2010 in Sirsa in Haryana.
He also attached the photographs and media reports to substantiate his allegation that the two brothers along their security personnel had beaten them up.
"He (Kanda) was instigating his people to kill protestors. He directed the police to fire shots and to arrest them. He also directed the police officials to lathi-charge them. The photographs were taken at the spot by the press and free lance photographers are annexed herewith," said the petition, filed through advocate D K Sharma.
The petitioner approached the apex court challenging the Punjab and Haryana High Court order which had refused his plea to direct the police to lodge an FIR against the two brothers.
The high court had on May 10 last year dismissed the plea.
Challenging the high court's order, Pradeep Kumar said in his petition, "The high court has committed a grave error in law as well as on facts in not appreciating that Kanda was a state home minister and the police will not take any action against him and in such cases, it is necessary that judiciary must interfere to protect the fundamental rights of citizens."
