Shahid Malik needed five stitches to a head wound, and was left bleeding and bruised after his encounter with the Lancashire Constabulary during troubles in Burnley.

Mr Malik, at the time a member of the Commission for Racial Equality, was trying to calm tensions in the town. But one of the officers involved said he feared for his own safety in the incident, which happened after Mr Malik had been warned by police to get back. One officer will be disciplined for failing to display his shoulder numbers after an investigation by Lancashire police, overseen by the Police Complaints Authority.

No action will be taken against a policeman alleged by Mr Malik to have hit him in the face with the sharp edge of his riot shield, or an officer who hit Mr Malik’s leg with his baton.

Mr Malik said the decision was “nothing short of a disgrace. It’s going to send out all the wrong messages, (that) the police are above the law.”

Mr Malik is now planning to sue Lancashire Constabulary for wrongful arrest, assault and false imprisonment. A police source said the officers concerned were looking forward to the chance to give their version of events under oath.

When violence erupted in Burnley in June 2001, Mr Malik attracted national attention for his work on the streets to pacify angry Asian youths. He was praised in open court by a senior Lancashire officer for intervening to protect police during disturbances in the town on June 24.

On June 25, Mr Malik tried to intervene when a group of young Asians came face-to-face with police in riot gear. A police video shows Mr Malik approaching officers with his hands up. The next time he is seen, he is on the ground.

Mr Malik alleges that, in the intervening moments, he was struck in the face with the riot shield, knocked to the ground, hit on the leg and briefly lost consciousness.

But the officers have alleged that Mr Malik tried to grab hold of a policeman’s shield and that was why another officer struck him on the leg. Mr Malik denies attacking the police. No independent witnesses saw him grabbing the shield.

After falling to the ground, Mr Malik was handcuffed and taken to hospital. Lancashire Constabulary asked the Police Complaints Authority (PCA) to supervise its investigation.

Mr Malik complained that, in an unprovoked attack, he was hit in the face needing stitches above the eye, and suffered lacerations and bruises. He also complained that an officer used excessive force in striking him with a baton, and that he was allegedly falsely arrested and insulted.

Mr Malik said: “All I asked for was an apology and for the officers responsible to be made accountable for their actions. Because of the failure of Lancashire police and the PCA, I will now have to resort to civil proceedings.”

Wendy Towers, the PCA deputy chairman, responded: “We approached the inquiry in an objective way and we reject any suggestion that the inquiry was not carried out with rigour and impartiality.”

But a police source criticised Mr Malik, saying: “In the heat of the moment, he got himself mixed up in this situation. These three are most experienced officers.”

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