Background
Swami Agnivesh was attacked by a mob, for making anti-Hindu comments in July 2018, it was alleged by the petitioners that the attack was carried out by BJP Yuva Morcha(BJYM) workers. Following which an FIR was filed against 8 members of the BJYM including their district president. For this purpose, a special investigation team was constituted to look into the incident.
Present Matter
The de facto petitioner, Jai Malto, and Swami Agnivesh filed the present written petition seeking re-investigation in a case related to an assault on social activist late swami agnivesh, in pakur district of Jharkhand in 2018, was dismissed by the Jharkhand high court.
Contention
- The investigation, in this case, was not carried out properly.
- The inquiry was not carried out under the SC/ST Act by proper authority.
- Preferably, an officer not below the rank of deputy superintendent of police should have investigated the crime.
- The petitioners requested to move the investigation of the case to an independent central body and to instructions for re-investigation.
Held
A single Judge bench comprising Justice Anand Sen dismissed the petition noting that: the petitioner has approached the court after a very long delay. Also, this matter is now pending before the trial court at the evidence stage.
Lawcutor 