SC rejects plea alleging atrocities by police

The Supreme Court has dismissed a plea by a Bihar resident, who has claimed atrocities by police and alleging that he was branded a terrorist or naxalite and his mobile phone put on surveillance.

The apex court rejected his appeal against the order of the Patna High Court in November last year observing that the view of the high court that the petitioner had levelled allegations whose veracity cannot be examined in a writ petition, was "without blemish".

"The high court has dismissed the writ petition filed under Article 226 of the Constitution with the observations that the petitioner has levelled allegations, veracity whereof cannot be examined in the writ petition," a bench comprising Justices A K Sikri and Ashok Bhushan said.
 

"It is also mentioned that most of the allegations did not pertain to incidents in the state of Bihar and these allegations could not be examined in the writ jurisdiction of the high court," the bench noted in its order.

The petitioner, a resident of Begusarai district in Bihar, had approached the apex court challenging the high court order dismissing his plea seeking directions to telecom operators and banks to stop alleged surveillance of his mobile number and bank account.

He had claimed in the high court that Delhi Police had put his mobile number on surveillance, was following him from time to time and interrogating him. He had also contended that he was defamed and branded a terrotist or a naxalite by another person.

The man had claimed that he was beaten up in March 2014 by the police and had sought a compensation on the ground that he had lost almost five years of his life due to the atrocities he has faced.

The high court had dismissed his plea saying he had effective alternate remedies under the Code of Criminal Procedure.

The apex court, while concurring with the observations of the high court, said, "The aforesaid view taken by the high court is without blemish. Therefore, this special leave petition is dismissed".

"However, having regard to the aforesaid observations made by the high court, it would be open to the petitioner to file civil suit or criminal proceedings as advised under the law," the bench said.