Policemen Assaulting Bihar Judge: Patna High Court Transfers Investigation To Criminal Investigation Department

Justice Rajan Gupta and Justice Mohit Kumar Shah have also directed that the investigation must be carried out by an officer not below the rank of Superintendent of Police. The said officer shall be under the direct supervision of the Additional Director General of Police, who heads the CID.

The court allowed CID to take up the investigation upon a submission made by Advocate General based on instructions from Bihar DGP, Sanjeev Kumar Sehgal. The court was also assured that there will be no interference in the investigation by the Superintendent of Police, Madhubani.

The court has also given another instruction regarding the paper book including report submitted by the police to the effect that it must be furnished to the Amicus Curiae by the Court Master in a sealed cover.

The transfer of investigation has become effective from 2^nd December.

"The Court shall be apprised of the progress of further investigation by the next date of hearing. The report shall again be submitted in a sealed cover", the High Court bench has noted in its order.

The matter has been listed again for 8^th December, 2021. However, the personal appearance of the DGP, unlike the previous court hearings has been exempted.

On the last occasion, Bihar DGP had submitted a status report in sealed cover to the High Court. Justice Rajan Gupta had perused the report and directed it to be kept in the safe custody of Registrar Judicial. Additionally, Senior Advocate Mrigank Mauli was appointed as the Amicus Curiae to assist the court.

On 18^th November, 2021, Patna High Court had taken suo moto cognizance of the horrific episode that transpired in the Chambers of the ADJ Avinash Kumar at Jhanjharpur. The court had taken note of the incident after it received a letter from the District and Sessions Judge, Madhubani, describing the sequence of events.

According to the letter received by Patna High Court, two policemen from Ghoghardiha had physically assaulted the judge, even pulling a gun on him after the judge didn't budge to their verbal abuse.

While taking suo moto cognisance of the incident on the same day, the court expressed its shock about the gravity of such an attack on the judge, as reported in the letter.

"Prima facie, it appears that this episode puts the independence of the judiciary in jeopardy. We, thus, deem it fit to issue notice to the respondents no. 2 to 5 i.e., the Chief Secretary, Government of Bihar, Patna, the Director-General of Police, Bihar, the Principal Secretary, Home Department, Government of Bihar, Patna and the Superintendent of Police, Madhubani.", the court noted in its order.

The letter of District & Sessions Judge had also reported that a few lawyers and court employees reached the spot-on time, saving the ADJ from further harm.

Case Title: Court on its own motion on the letter dt. 18.11.2021 from the District and Sessions Judge Madhubani v. The State of Bihar & Ors.

Case No: CWJC-19402/2021