Alleged Assault On Judicial Officer: Patna High Court Take Suo Moto Cogniznace, Directs DGP To Submit Action Taken Report

The Chief Justice Sanjay Karol and Justice S. Kumar took cognizance of the alleged assault on ADJ, Hilsa (Nalanda) Jay Kishor Dubey who was travelling in his official car at Hilsa, District-Nalanda (Bihar).

The Hilsa Police Station has already registered Case No.656/2020 dated 17.12.2020 under Sections 341/323/504/427/307/506/34 of the Indian Penal Code.

However, the Advocate General stated before the Court that no incident of firing of gun shots, as is so reported in some of the newspapers, took place on the spot.

He further submitted that the incident of firing was totally unrelated to incident in question and was at another place.

He also submitted that insofar as the instant FIR, investigation is on and the police authorities shall ensure that action per law, would be taken against the assailants on expeditious basis.

Further, the Court directed that complete action taken report on the affidavit of the Director General of Police, Government of Bihar, Patna (respondent no.2) be filed before the next date.

The matter has been listed on 23rd December, 2020.

In related news, on October 21, the senior additional District Judge, Dr. Dinesh Kumar Pradhan, had been allegedly abused, threatened and chased by a police sub-inspector named Pranav of the Town police station in Aurangabad when he was on an evening walk. The SI was accompanied by paramilitary personnel for a flag march at that time.

In wake of the incident, the Association for Judges had addressed a letter tothe Supreme Court of India and the Patna High Court, seeking strict action against the concerned Police officials, allegedly involved in assaulting and intimidating a District Judge.

A lawyer has filed a Public Interest Litigation(PIL) in the Supreme Court seeking a court-monitored inquiry into the incident and measures to ensure the protection of judicial officers.

In his PIL, Advocate Vishal Tiwari stated that no FIR has been registered with respect to the incident and no protection has been given to the judge.

The lawyer asserted that the attack on a judge is a blot on the entire judiciary and legal fraternity, and if left unpunished, it will lower the public confidence in the efficacy of the criminal justice system.

The Supreme Court had, on Thursday (26^th November), adjourned by two weeks this plea seeking for a judicial inquiry into the alleged incident.

A Bench headed by Justice AM Khanwilkar had directed Advocate Vishal Tiwari, appearing on behalf of the Petitioner to add the concerned police officer as a party and then approach the Court.

Case title - Suo Motu on the basis of news Published in the news paper report dated 18.12.2020 v. The State of Bihar and others [Civil Writ Jurisdiction Case No.9635 of 2020]

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