Re-investigation of assault on Swami Agnivesh: Jharkhand HC dismissed the plea

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
  1. The investigation, in this case, was not carried out properly.
  2. The inquiry was not carried out under the SC/ST Act by proper authority.
  3. Preferably, an officer not below the rank of deputy superintendent of police should have investigated the crime.
  4. 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.

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