Policemen Assaulting Bihar Judge: Patna HC To Consider Guidelines For Ensuring Judiciary's Independence

The development comes in suo motu writ petition arising from the assault of an Additional District and Sessions Judge in Bihar's Madhubani by two policemen.

"Mr. Mrigank Mauli, the learned Amicus Curiae, has also made certain submissions and has referred to the judgment reported in (1991) 4 SCC 406 (Delhi Judicial Service Association vs. State of Gujarat). He submits that he shall address the Court on the issue of guidelines to be laid down to ensure that the Judiciary is able to function in an independent manner without fear of being intimidated by the State or by any private person", the court noted in the order.

The Division Bench of Justice Rajan Gupta and Justice Mohit Kumar Shah was also informed by Advocate General Lalit Kishore that Criminal Investigation Department will carry on with the investigation sincerely, blocking any external interference that might hamper the due course of proceedings. The court has also been intimated by the Advocate General that another status report will be submitted by CID in two weeks.

The court has also received a status report from Additional Director General Of Police (ADGP) in a sealed cover on 9^th December.

On the last occasion, Patna High Court had allowed the transfer of investigation to Criminal Investigation Department (CID).

The Bench had also directed that the investigation must be carried out by an officer not below the rank of Superintendent of Police, under the direct supervision of the Additional Director General of Police, who heads the CID.

The matter has been listed for further hearing on 10^th January, 2022.

Background

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 had 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 had 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

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