Speeding magistrate runs over three, changes FIR

NEW DELHI, FEB 4: A pil filed in the Supreme Court has alleged that a Ghaziabad magistrate, driving at high speed, had killed three person...

NEW DELHI, FEB 4: A pil filed in the Supreme Court has alleged that a Ghaziabad magistrate, driving at high speed, had killed three persons on a two-wheeler and later used influence to replace his name with his car driver in the police report as the culprit.

A division bench, comprising Justice S P Bharucha and Justice Ruma Pal, after hearing the PIL filed by advocate Lokesh Pundhir, on Friday issued notices to the Uttar Pradesh government, Senior Superintendent of Police Ghaziabad and the judicial magistrate, Rajinder Prasad.

The petitioner, who claimed to be an eyewitness to the accident, alleged that the incident happened on September 26 in front of the Massuri police station in Ghaziabad district, which falls under Prasad8217;s jurisdiction. Pundhir claims Prasad showed his identity card to the police and fled the spot without bothering about the victims. The injured were later taken by Pundhir to a hospital, where one was declared brought dead while the other two succumbed to their injuries.

Pundhirsays he then went to the police station to lodge an FIR. However, he says, he discovered later that his name had been removed as the complainant and registered just as a witness. To his 8220;utter shock8221;, the advocate adds in his petition, the name of the driver of the Maruti van involved in the accident had been changed from Rajinder Prasad to Uday Tyagi. The latter works as Prasad8217;s driver.

Charging the magistrate with using influence and subverting investigation, Pudhir, through his advocate Chandras Kar, says that being the magistrate of the police station within whose jurisdiction the accident took place, he 8220;succeeded in shielding himself by manipulating almost all the vital aspects of the investigation8221;.

Further, Pundhir says, the police, despite knowing the identity of the driver of the Maruti van, deliberately put Tyagi8217;s name in the FIR while recording in the complaint that the driver8217;s name and address were unknown. The petitioner alleges that the police did not conduct the requisite tests ofthe blood samples on the driver8217;s seat of the van as it would have led to the identification of the person responsible for the accident.

Pundhir has demanded that in these circumstances, the Supreme Court should direct a probe into the incident to be conducted by an independent investigating agency.