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Judgment
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Heard learned counsel for the petitioner through virtual mode, and learned counsel for the respondents.
The present writ application, in the form of a Public Interest Litigation, has been preferred by the petitioner seeking, inter alia, the following reliefs:-
“(I)Issue an appropriate writ, order or direction to the Respondents for Immediate Suspension: Direct the State to place the SSP Patna, City SP Patna, concerned DSP, and SHO Gandhi Maidan P.S. under immediate suspension pending inquiry/ investigation to prevent tampering with evidence and intimidation of witnesses;
(II)Issue an appropriate writ, order or direction to the Respondents to Direct Registration of FIR: Direct the DGP Bihar to ensure the registration of a criminal FIR under Sections 115, 117, 198, 201, and 351 of the Bharatiya Nyaya Sanhita (BNS) against the named and unnamed police personnel involved in the incident;
(III)Issue an appropriate writ, order or direction to Institute a Judicial Inquiry: Constitute a High-Level Judicial Inquiry under the supervision of a retired Hon'ble Judge of this Hon'ble Court to investigate the "Chain of Command" that authorized the illegal lathi charge;
(IV)Issue an appropriate writ, order or direction to the Respondents to Preserve Digital Evidence: Direct the immediate seizure and preservation of all CCTV footage from Patna College to J.P. Golambar, Dak Bungalow Chouraha, and Gandhi Maidan for the date of 08.05.2026 from 9:00 AM to 5:00 PM;
(V)Issue an appropriate writ, order or direction to the Respondents to Grant Compensation: Direct the State to provide state-funded medical treatment to the injured and disburse an interim compensation of 1 Lakhs to each student who suffered grievous injuries.
(VI)Issue an appropriate writ, order or direction to the Respondents to Withdraw False Proceedings: Direct the State to withdraw from prosecution under Section 321 Cr.PC/ 360 BNSS the false and frivolous FIR registered against the 5,000 poor students at Gandhi Maidan P.S. which is an abuse of the process of law;
(VII)Issue an appropriate writ, order or direction to quash the false and frivolous FIR registered against the 5,000 poor students at Gandhi Maidan P.S. which is registered by the abuse of the process of law; and
(VIII)Pass any other order(s) which this Hon'ble Court deem fit and proper in the interest of Justice.”
From the nature of the reliefs sought, it is evident that the petitioner seeks, principally, directions for suspension of individual police officers and initiation of disciplinary action against them on account of the alleged incident. Suspension and disciplinary action against an employee are matters pertaining to the employer-employee relationship and fall within the domain of the competent employer/disciplinary authority, to be dealt with in accordance with the applicable service rules. The extraordinary jurisdiction of this Court in the form of a Public Interest Litigation cannot ordinarily be invoked by a third person for seeking disciplinary action against an employee or for directing the employer to exercise its disciplinary jurisdiction in a particular manner.
The remaining reliefs sought by the petitioner essentially concern the alleged victims of the incident, including claims of injury, medical treatment and compensation, as well as the criminal proceedings instituted against the persons allegedly involved in the occurrence. Significantly, none of the persons stated to have been affected by the incident has approached this Court seeking any relief in respect of the alleged occurrence.
Public interest jurisdiction is undoubtedly wide, but its exercise is guided by the nature of the grievance and the relief sought. It cannot be permitted to become a means by which a person, who is neither an employee concerned nor an alleged victim of the occurrence, seeks to assume the role of an aggrieved party and invites the Court to supervise disciplinary or criminal action against particular individuals.
In the facts and circumstances of the present case, therefore, we are not inclined to entertain the present writ application.
Accordingly, the present writ application stands dismissed.
However, it goes without saying that if any person has been directly aggrieved by the alleged incident, or by any action taken pursuant thereto, such person shall always be at liberty to avail of the remedy before the appropriate forum, in accordance with law.
Pending application(s), if any, shall also stand disposed of.