Additional District & Sessions Judge Physically Assaulted In Court By Policemen: Patna High Court Takes Suo Moto Cognisance

In an unprecedented occurrence, the Patna High Court has taken suo moto cognisance of an act of police violence against an Additional District and Sessions Judge (ADJ), Jhanjharpur. On its own motion, the Court has taken note of the incident upon receiving a letter from the District and Sessions Judge, Madhubani, about the incident that happened in the Sub Division of Madhubani at Jhanjharpur.The letter by the District & Sessions Judge states that ADJ Avinash Kumar has been physically attacked and assaulted by two policemen: Gopal Krishna, the Station House Officer, Ghoghardiha and Abhimanyu Kumar Sharma, Sub-Inspector of Police, Ghoghardiha. According to the letter, the two accused policemen forcibly entered the Chamber of Additional District & Sessions Judge and started abusing him. When the judge protested, they maltreated and physically assaulted him and even took out their service revolvers to attack the judge. The letter from the District & Sessions Judge reports that a few lawyers and court employees reached the spot on time, saving the ADJ from further harm.After the special hearing, in its oral order, the Court lamented about the impropriety 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 matter has been listed for hearing on 29th November, and the Director-General of Police, Bihar, was directed to remain present on the date of hearing. "In view of the magnitude and enormity of the issues involved, the Director-General of Police, Bihar is directed to remain present on the next date of hearing." Due to the issue's sensitivity, the DGP has also been asked to file a status report in sealed cover.As per Live Law's sources, an FIR has been registered against the two policemen. Both of them have been booked for many offences, including the non-bailable Section 353 of IPC and Section 30 of the Arms Act.Click Here To Read/ Download Order

Additional District & Sessions Judge Physically Assaulted In Court By Policemen: Patna High Court Takes Suo Moto Cognisance

Sebin James

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