Patna High Court: 50 Important Decisions Of 2021

Criminal Cases

1. Rape Victim's Identity Shouldn't Be Indicated Unless Such Disclosure Becomes Imperative For Which Reasons Are To Be Given: Patna High Court [Nagendra Kumar v. State of Bihar]

A Bench of Justice Chakradhari Sharan Singh directed all courts subordinate to ensure that the identity of the rape victim is not indicated in Orders/Judgment, unless such disclosure becomes imperative, for the reasons recorded in writing by the special courts. The Court took into account Section 228-A of IPC and Section 24 of POCSO to stress that identification of a child, in conflict with law or a child in need of care and protection or a child victim or a witness of a crime involved in such matters, should not be disclosed.

2. Rapist Degrades Very Soul Of Helpless Female: Patna High Court Affirms Conviction Of Man For Raping Minor [Ahtesham Khan v. State of Bihar]

"Rape is not merely a physical assault, it is often destructive of the whole personality of the victim. A murderer destroys the physical body of his victim, a rapist degrades the very soul of the helpless female" observed a single judge bench comprising of Justice Birendra Kumar while affirming the conviction of a man found guilty of raping a 14-year-old minor girl.

The Bench further went ahead to observe that if the record of the case in its totality discloses that the prosecutrix does not have strong motive to falsely implicate the person charged, the Court should ordinarily have no hesitation in accepting her evidence as "no self-respecting women would come forward to make a self-humiliating statement in a casual manner."

3. "Admittedly There Was No Test Identification Parade": Patna High Court Acquits All 13 Accused In 1999 Senari Massacre Case [State of Bihar v. Bachesh Kumar Singh & Ors.]

A division bench comprising of Justice Ashwani Kumar Singh and Justice Arvind Srivastava acquitted all 13 accused persons in connection with 1999 Senari Massacre case killing 34 persons after observing that the circumstances in which the Test Identification Parade was conducted makes it "weak and without any corroboration". It set aside the trial court judgment dated November 15, 2016 and the sentencing order against accused persons thereby directing all 13 of them to be released forthwith.

Observing that the identification of the accused persons bythe witnesses cannot be relied upon to convict them, the Court ordered thus: "The miscreants have been identified in the dock for the first time more than seven years and extendedup to about 16 years after the occurrence. The circumstances inwhich the identifications were made, as discussed above, makesuch identification rather weak without any corroboration. Thedock identification was based on recollection of the events,which took place long back."

4. Patna High Court Refuses Anticipatory Bail To Men Who Allegedly Posted Vulgar Photos of Goddess Saraswati On Social Media [Ravi Kumar & Ors. v. The State of Bihar]

The Court has denied anticipatory bail to two men alleged to have taken and circulated vulgar photographs with an idol of Goddess Saraswati.

The petitioner was seeking bail apprehending arrest under an FIR registered under Sections 153(A) [promoting enmity between different groups on the grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony], 506 [criminal intimidation] read with Section 34 of the Indian Penal Code and 67 [publishing or transmitting obscene material in electronic form] of Information Technology Act, 2000.

5. 'Glaring Inconsistencies': Patna High Court Acquits Man On Death Row For Failure Of IO To Inspect Crime Scene, Delayed Filing Of FIR [Balwant Singh and Ors. v. State of Bihar]

The Court acquitted a man sentenced to death for allegedly raping and killing a 16 year old girl in Bhojpur district, Bihar. The Court also set aside the conviction of two others who had been awarded life imprisonment by the Sessions Court in the same case. The division Bench of Justice Ashwani Kumar Singh and Justice Arvind Srivastava observed glaring inconsistencies in the evidence of the prosecution witnesses and also noted that the investigating authorities had not bothered to visit the scene of the crime.

6. The Evidence Of Approximate Age Of Prosecutrix Cannot Take The Place Of Proof Of Exact Age: Patna High Court Acquits Accused In POCSO Case

The evidence of approximate age of the prosecutrix cannot take the place of proof of exact age, the High Court observed while acquitting an accused in a POCSO case. Arjun, the accused, was found guilty of rape of a girl aged about 13 years. He was convicted by the Trial Court of offences under Sections 366A and 376 of the Indian Penal Code and 4 of the POCSO Act.

In appeal, the High Court considered the question whether the prosecution has proved beyond reasonable doubts that the victim was under 18 years of age at the time of physical relation with the appellant to bring the case under the mischief of clause 'sixthly' of Section 375 of the Indian Penal Code.

Courts/Judiciary related Cases

1. ASJ Grants Pre-Arrest Bail To An Accused While Denying Same To Another In Same Matter: Patna High Court Calls For Probe In The Administrative Side [State Of Bihar v. Brind Paswan]

A Bench of Justice Birendra Kumar called for an administrative probe against ASJ-I of Patna City sub-division for passing conflicting orders in the same case, wherein while granting anticipatory bail to one accused, he denied the same to another who was facing similar charges in the same murder case.

The Court opined that the impugned order suffers from non-application of judicial mind, lacks reason, is result of error of record and suffers from non-consideration of material on the records. It further added, "Since the same judicial officer has passed conflicting orders in the same case against the material on the record, the conduct and fairness in judicial approach of the judicial officer concern may require probe in the administrative side."

2. Patna High Court (FB) Halts Construction Of Bihar Sunni Waqf Board's Proposed Office Located Adjacent To New HC Building

Noting that the 'Structure' poses serious security concerns for the Judges, lawyers, litigants, staff and security personnel alike, a Full Bench comprising of Justices Ashwani Kumar Singh, Vikash Jain, Ahsanuddin Amanullah, Rajendra Kumar Mishra and Chakradhari Sharan Singh halted the construction of a Bihar Sunni Waqf Board's Proposed Office located adjacent to HC's new building.

3. DJ Selection- Subordinate Judicial Officer Cannot Claim The Stream Of Advocate Against Quota For Direct Recruitment From Bar: Patna High Court [Sunil Kumar Verma v. State of Bihar & Ors.]

A division bench comprising of Justice Shivaji Pandey and Justice Partha Sarthy held that judicial officers, who opted to be appointed in subordinate judicial services cannot stake claim of "past experience" of being an advocate for being promoted to direct recruitment from the Bar as a District Judge (Entry Level). It observed that a candidate sitting for direct recruitment examination from the Bar has to remain an advocate with 7 years of experience not only at the time of cut off date but also at the stage of his appointment.

The observation came while the Court dismissed a petition filed by one Sunil Kumar Verma who cleared all the three stages of District Judge (Entry Level) Direct Recruitment from Bar examination having 7 years of experience as an advocate. However, simultaneously he also cleared UP Judicial Services (Junior Division) before his appointment as an Additional Sessions Judge for which a resignation was tendered which was accepted. Later, he was appointed as Additional Sessions Judge in Begusarai.

4. Trial Judge Refers To Sanskrit Shloka, Jagjit Singh Ghazal While Awarding Sentence; Patna HC Says Judge Needs Training [Deepak Mahto v. State of Bihar]

Observing that a Trial Court Judge referred to Sanskrit shloka and ghazals of Late Jagjit Singh while awarding sentence to a man convicted under the POCSO Act, a single judge bench of Justice Birendra Kumar observed that the trial judge "needs special training at the Judicial Academy." The Court set aside the sentence observing that the evidence brought out in the trial did not disclose the commission of any offence.

It observed that a trial judge, having the power to award a death sentence, must have correct knowledge of legal principles and zeal while exercising "the most onerous responsibility of taking decision on the life and liberty of person".

5. Vacation Judge Can Grant Bail, Pass 'Interim Orders' Regarding Stay, Injunction But Can't Dispose Of Cases On Merits: Patna High Court [Prof (Dr.) Shlok Kumar Chakravarti v The State of Bihar]

A Single Bench of Justice Chakradhari Sharan Singh ruled that a vacation judge cannot decide and dispose of a case, other than bail applications, on merits. "A vacation judge may grant bail in criminal matters and pass 'interim orders' only regarding stay, injunction and other reliefs in such other matters, civil or under the Constitution 'as he may consider emergent' but cannot decide and dispose of a case, other than bail applications, on merits," it held taking into account the language of Rule 4 of Chapter II of the Patna High Court Rules, 1916.

6. Judiciary Can't Be Threatened By Misdirected Individuals: Patna HC Directs FIR Registration Against Advocate Accused Of Abusing Judges [Shiv Kumar v. The State of Bihar and others]

The Court ordered the registration of a First Information Report (FIR) against an Advocate, who has been accused of abusing the Judges of the Supreme Court including the former Chief Justice of India, Patna High Court Judges as well as the Union Law Minister and other dignitaries.

7. Additional District & Sessions Judge Physically Assaulted In Court By Policemen: Patna High Court Takes Suo Moto Cognisance [Court on its own motion on the letter dt. 18.11.2021 from the District and Sessions Judge, Madhubani v. The State of Bihar]

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, Jhanjharpur. After the special hearing, in its oral order, the court has expressed shock about the gravity of such an attack on the judge, as reported in the letter. The court noted:

"Prima facie, it appears that this episode puts the independence of the judiciary in jeopardy."

Due to the sensitivity of the issue, the DGP has also been asked to file a status report in sealed cover. The matter has been listed for hearing on 29th November.

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

The High Court has allowed the transfer of investigation on the case of Policemen assaulting Additional District & Sessions Judge to Criminal Investigation Department (CID).

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.

9. Policemen Assaulting Bihar Judge: Patna HC To Consider Guidelines For Ensuring Judiciary's Independence [Suo motu v. State of Bihar & Ors.]

The Court has asked the Amicus Curiae Mrigank Mauli to propose guidelines for the smooth functioning of the judiciary, devoid of intimidation by other organs of the state or private persons. 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.

Students/Education/Service related matters

1. Ascertain Infrastructure In Existence To Cater To Girl Students' Needs In Various Educational Institutions: Patna HC Constitutes 3-Member Committee [In The Matter of News Report Dated 10.04.2018 Published in Hindi News Daily Hindustan Patna Live v. The State of Bihar and Ors]

A Bench of Chief Justice Sanjay Karol and Justice S. Kumar constituted a Committee of three Lady Advocates to visit a list of Educational Institutions to ascertain the exact status of the existence and functionality of infrastructure to cater to the needs of the girl students in such institutions. It ordered thus after perusing the affidavits filed by the Universities indicating the infrastructure available in the educational institutions.

2. "Toilets Unfit To Be Used Even By Animals": Patna High Court Asks Govt. To Provide Funds For Educational Institutions' Infrastructure [News Report Published in Hindustan Patna Live v. State of Bihar & Ors.]

Perusing the inspection report submitted by a court-appointed Committee, a Bench of Chief Justice Sanjay Karol and Justice S. Kumar observed that there is a lack of infrastructure, toilets, etc in girls' educational institutions in Patna.

"The condition only depicted the place unfit to be used even by Animals. From the report, it is apparent that there is a lack of infrastructure, toilets, etc. Also, they are ill-maintained…In most of the educational institutions, sanitary vending and disposal machines have yet not been installed. Also, as is evident from the record and the discussion across the Bar, there is lack of funds for maintenance of toilets", the Court said.

3. 'Educational Institutions Should Be Sensitive About Aftermath Of The Pandemic': Patna HC Sets Aside CNLU's Demand For Payment of 'Library Fees' & 'Examination Fees' [Kartikay Trivedi and Ors v. Chanakya National Law University]

The Court has recently ruled that the demand of Chanakya National Law University (CNLU) with respect to payment of facilities fees and examination fees from the students with respect to academic year 2020-2021 is 'arbitrary and illegal' in view of the fact that students had not attended classes and had not availed these facilities due to the Covid-19 pandemic.

Personal Liberty/Freedom Of Speech/Vulnerable Section/Constitutional Importance Cases

1. Patna High Court Suggests Reservation For Transgender Community On Regular Basis Under OBC Category; Asks State To Take The Final Decision [Veera Yadav v. Govt. of Bihar]

"May be, reservation on regular basis can be confined upto O.B.C. category for transgenders," contemplated a Division Bench comprising of Chief Justice Sanjay Karol and Justice S. Kumar while hearing a writ petition filed against pitiable condition of the transgender community in the State of Bihar.

It observed, "A decision in the affirmative would not only uplift the lifestyle and education of the persons, but also going to be a correct step in bringing them into the mainstream."

2. "Entire Dept Protecting Custodial Death Accused Police Personnel": Patna High Court Denies Pre-Arrest Bail To Policeman [Arun Kumar v. State of Bihar]

Observing that the entire police department is protecting the police personnel who are accused of causing the custodial death of 2 persons, the Court rejected the anticipatory bail plea filed by a policeman accused in the matter.

The Bench of Justice Sandeep Kumar made this observation as it noted that despite the fact that the custodial death case is of the year 2019, the accused police personnel had not been arrested.

3. Patna High Court Grants Bail To Student For Allegedly Posting 'Objectionable' Facebook Pics Of Hindu God, Goddess After 10 Months In Custody [Jawed Akhtar v. State of Bihar]

A Single Bench of Justice Anil Kumar Sinha granted bail to a student who allegedly shared some objectionable Facebook photograps of Hindu God and Goddess and who remained in custody for over 10 months and had no criminal antecedents.

His counsel submitted that he had not committed any offence in the manner alleged and there was no intention of the petitioner to hurt the religious feelings of other communities. The Counsel further submitted that from a perusal of the First Information Report it was evident that the petitioner had shared the post of one Reehan Khan and that post in question was not originated from the Facebook account of the petitioner.

Significant Directions to State Government and Police Department

1. Giving Third Degree Treatment For Extracting Confession 'Worst Crime': Patna High Court Directs Bihar DGP To 'Set House Right' [Sanjay Singh v. State of Bihar]

"Giving third-degree treatment to the apprehended accused and that too for extracting confession is the worst crime in a civilized society which can be committed by a Police officer," said Court recently as it observed that the Judiciary is witnessing a large number of custodial deaths caused by men in uniform.

Justice A. M. Bidar further expressed hope that the Director-General of Police, Bihar State shall take necessary cognizance of the order of the court to set his house right.

2. "Set Up Relief Camps In Flood Affected Districts; Ensure Ration To Poor, Pregnant & Lactating Women, Infants": Patna HC Directs Authority To Dispose Of Plea Expeditiously [Satyam Jha v. State of Bihar & Ors.]

A division bench comprising of Chief Justice Sanjay Karol and Justice Sanjay Kumar directed the authority concerned to dispose of expeditiously a plea seeking setting up of relief camps in flood affected districts in the State and adequate ration and food Facilities to the poor and needy including lactating & pregnant women and infants.

It ordered thus: "The authority concerned shall consider and dispose it of expeditiously and preferably within a period of three months from the date of its filing along with a copy of this order." Further, it said: "We are hopeful that as and when petitioner takes recourse to such remedies, as are otherwise available in law, before the appropriate forum, the same shall be dealt with, in accordance with law and with reasonable dispatch."

3. Non-Implementation Of Several Schemes, Central Act For HIV/AIDS Victims' Welfare: Patna High Court Calls For Status Report [Council For Protection Of Public Rights & Welfare v. Union Of India & Ors.]

Dealing with a plea inviting the attention of the Court towards the non-implementation of the several schemes notified by the Government (for welfare of HIV/AIDS Victim), a Bench of Chief Justice Sanjay Karol and Justice S. Kumar directed the ascertainment of several issues.

It has sought the following information: (i) The factual position/status with regard to implementation of all the schemes floated by the Central Government, with respect to the State of Bihar; (ii) The implementation of the provisions of the Act in the State of Bihar; (iii) As to whether any rule stands framed by the Central Government or the State Government and their implementation also needs to be ascertained.

4. Patna High Court Seeks Implementation Of HIV Patients' Welfare Scheme In The State By April 5 [Council for Protection of Public Rights & Welfare v. Union of India & Ors.]

Concerned by the non-implementation of Government schemes for welfare of HIV/ AIDS victims, a Division Bench comprising of Chief Justice Sanjay Karol and Justice S. Kumar came into action and sought response from the Bihar State AIDS Control Society (BSACS).

The Bench ordered the Project Director, BSACS, to file his personal affidavit, indicating the steps taken by the society for proper and complete interpretation of various Statute, Rules and Schemes, notified for the benefit of AIDS victims. The Court also sought a report on appointment of statutory authorities for the purpose and the funds allocated to them.

5. Determination Of Culprit Not Relevant For Granting Compensation; State Bound To Protect Lives Of Citizens: Patna High Court [Amar Nath Poddar v. State of Bihar & Ors.]

Holding that the State has a duty to protect the life of its citizens, a Single Bench of Justice Rajeev Ranjan Prasad granted Rs. 10 lakh as compensation to the father of a 18 years old boy who died in October last year in the Munger Maa Durga Pooja firing incident. The order is significant as compensation has been granted pending investigation into the firing incident.

It observed that it is irrelevant, for the purpose of granting compensation, as to who was behind the firing that led to the unfortunate demise of the boy, as it is the duty of the State to protect the lives of its citizens.

6. Liquor Syndicates In Bihar- Patna High Court Expresses Displeasure Over State Police Inaction, Issues Slew Of Directions

The Court expressed its displeasure over Bihar Police's inaction against liquor syndicates that are thriving in the State of Bihar and has issued a slew of directions in that regard.

Recently, the Bench of Justice Sandeep Kumar was hearing 3 bail pleas when it remarked that in all the cases, a huge amount of illicit liquor and spirit has been recovered and still, the local police of those districts did not take any interest in arresting all the accused persons.

7. Steps To Curb Menace Of Eve Teasing; Establishment Of Fast Track Women Friendly Courts: Patna HC Directs Authority To Decide Representation [Om Prakash Kumar v. State of Bihar through its Chief Secretary & Ors]

While disposing of a plea seeking directions on the State Government for taking effective measures to curb the menace of eve teasing, the Court has directed the Petitioner to make a representation before the concerned authority which has been directed to decide the same expeditiously.

Chief Justice Sanjay Karol and Justice Sanjay Kumar ordered thus: "The authority concerned shall consider and dispose it of expeditiously by a reasoned and speaking order preferably within a period of three months from the date of its filing along with a copy of this order."

8. PIL On 'Pitiable Condition' Of 1st Prez Dr. Rajendra Prasad Memorials: Patna HC Directs Inspection, Seeks Reply Of Centre, Bihar Govt [Vikas Kumar v. The Union of India & Ors.]

Dealing with a Public Interest Litigation (PIL) plea filed highlighting the pitiable state of affairs of the memorials of the first president of India, Dr. Rajendra Prasad situated at three different places of Bihar, the Court sought the reply of the Union and State Government. The Bench of Chief Justice Sanjay Karol and Justice S. Kumar appointed a team of Local Commissioners to visit the Memorials and ascertain the actual status of the infrastructure and the affairs and to give suggestions as to how best the memorials at all the three places can be improved and the infrastructure improvised.

UAPA/Detention Cases

1. UAPA- "In Absence Of Any Connection Between Alleged Act And Property Recovered, It Cannot Be Assumed That Property Was Acquired By Terrorist Act": Patna HC [Ramchandra Mandal & Ors. v. State of Bihar & Ors.]

A single judge bench comprising of Justice Birendra Kumar observed that in absence of any connection between the act alleged and the property recovered under the Unlawful Activities (Prevention) Act, it cannot be assumed that those properties were acquired by the terrorist act.

The observation came while dealing with a petition filed by the family members of an accused person challenging the order of Designated Authority allowing ex post approval under sec. 25 of UAPA with regards to seizure of certain properties which were not connected with the acts so alleged against the accused.

COVID Related Cases

1. Oxygen Shortage: Patna High Court Directs Govt To Submit Plan Of Action; Seeks Report On Availability Of ICU Beds, Ventilators [Shivani Kaushik v. Union of India & Ors.]

A Division Bench of Justices CS Singh and Mohit Kumar Shah took serious note of the paucity of oxygen in the State, which is an essential medical requirement for treatment of COVID-19 patients. It therefore issued directions to the State authorities to present a vivid picture of availability and the mode and manner in which the State-Respondents have planned to supply oxygen to different Hospitals.

Calling the situation to be horrific, the Division Bench has directed the Additional Solicitor General for India to seek instructions from the Central Government as to what immediate and effective steps can be taken to ensure proper and effective supply of oxygen to various hospitals in the State of Bihar.

2. RT-PCR Tests Not Being Done At Desired Rate; Illicit Trade Of Remdesivir Injection: Patna High Court Expresses Serious Concern Over Covid Management In Bihar

The Patna High Court expressed concern over the manner in which the State handled the surge in Covid-19 cases.

Apart from the acute shortage of Covid hospital beds, oxygen cylinders, etc., a Division Bench comprising of Justices CS Singh and Mohit Kumar Shah noted that the State was not even keeping vigil on people travelling from outside the State, who may be potential carriers of the deadly virus.

"Minimum what is expected of the State-Respondents is to take all possible measures so as to ensure that persons coming from outside the State are either made to undergo rapid antigen test or they are able to show on the basis of the test reports available with them that they are not COVID positive. In case a person is found to be COVID positive, steps should to taken to ensure that he can reach a designated place for isolation or treatment with adequate and desired care and caution," the bench ordered.

3. "State Inaction In Providing Healthcare To Citizens Violates Article 21": Patna High Court Directs State Human Rights Commission To Conduct Surprise Inspections At Covid Hospitals

Expressing strong displeasure over the absence of any comprehensive action plan of the State Government for meeting the present surge of COVID cases in Bihar, the Patna High Court sought the intervention of the Bihar Human Rights Commission.

A Division Bench comprising of Justices CS Singh and Mohit Kumar Shah stated that lack of adequate healthcare, especially in the middle of a pandemic, is violative of citizens' right to life under Article 21 of the Constitution.

"Any inaction on the part of the State, within the meaning of Article 12 of the Constitution of India, in providing adequate health care to its citizen, particularly during the prevailing COVID-19 situation, would be violative of right to life under Article 21 of the Constitution of India," the Bench said.

4. Acute Shortage Of Oxygen Exists In Bihar, Ensure That Oxygen Quota Fixed For Bihar Is Made Available To State: Patna High Court To Centre [Shivani Kaushik v. Union of India & Ors.]

Noting that there was an acute shortage of medical oxygen in the State, particularly in the hospitals treating COVID patients, a Division bench of Justice Chakradhari Sharan Singh and Justice Mohit Kumar Shah directed the Central Government, Ministry of Health and Family Welfare, Government of India to take all possible measures to ensure that the quota fixed for the State Government.

The Court was hearing a suo motu case concerning reported deficient healthcare facilities in the State to meet the challenges posed by the second wave of COVID-19 pandemic.

Also Read: COVID-19: "Crooks & Black Sheep Deriving Gains ": Patna High Court Asks State To Book Black Marketeers Of Oxygen, Drugs

5. Problems Faced By Orphanages, Old Age Homes & Centre For Disabled Persons Due To COVID: Patna HC Directs State To Create Helpline Number [Parul Prasad v. State of Bihar & Ors.]

A Division Bench of Chief Justice Sanjay Karol and Justice S. Kumar directed Government of Bihar to forthwith create a dedicated Toll-Free Help Line number for dealing with the problems arising out of the pandemic (Corana-Virus) as may be faced by Orphanages, Old Age Homes and Centres for disabled persons.

6. COVID- Our Responsibility Is To Ensure That People Are Provided With The Healthcare They Need: Patna HC Seeks Bihar Govt's Response On Several Issues [Shivani Kaushik v. Union of India & Ors.]

A Bench of Chief Justice Sanjay S. Karol and Justice S. Kumar observed that no one should lose life only on account of lack of adequate medical care. The Court noted the immeasurable importance of the life of every person and said, "As representatives of institutions and pillars of a democracy, we collectively hold a responsibility to ensure that the people get the help and are provided with the healthcare they need, especially in these times of great crisis."

Further, highlighting the major issues arising for consideration, the Court crystallized the following as lack of infrastructure and preparation for dealing with the Pandemic Covid-19: Testing; Hospitalization; Human resources, i.e. Doctor(s) & Paramedics; Requirement, availability and transportation of Oxygen; Medicines (both life-saving and otherwise general medication); Dissemination of information to the public, increasing public sensitivity and awareness; Performance of Last Rites of those who have fallen victim to this disease; Disposal of waste generated in testing and treatment; The availability and the administration of the vaccine.

7. COVID-19: Most Of Court's Directions Have Remained On Paper": Dissatisfied With Bihar Govt's Actions, Patna HC Says 'Drastic Steps Needed'

Dealing with a plea concerning COVID management in the state of Bihar, the Patna High Court observed in May 2021 that at this stage, if some drastic step is not taken, the situation in the State of Bihar, arising out of the COVID crisis, which has already gone beyond control, is likely to deteriorate to immeasurable proportions.

The bench of Justice Chakradhari Sharan Singh and Justice Mohit Kumar Shah was hearing the suo motu case concerning reported deficient healthcare facilities in the State to meet the challenges posed by the second wave of COVID-19 pandemic.

8. 'Covid-19 Can't Be Managed By Same Department Created To Oversee Healthcare System In Normal Situations': Patna High Court Mulls Constituting Expert Committee [Shivani Kaushik v. Union of India & Ors.]

A Division Bench comprising of Justices CS Singh and Mohit Kumar Shah observed that it may not be feasible for the State Health Department, created to oversee the healthcare system in normal circumstances, to manage the recent surge in Covi-19 cases. It opined that it may be appropriate to constitute a Committee of Experts, to advise and guide the health authorities in the State.

9. Failure Of Private Hospitals To Provide Timely Medical Treatment Is Also Violation Of Article 21: Patna High Court [Shivani Kaushik v. Union of India & Ors.]

A division bench comprising of Chief Justice Sanjay Karol and Justice S. Kumar issued slew of directions while observing that the government hospitals, medical officers are duty bound to extend medical assistance and failure on the part of even private hospitals to provide timely medical treatment to a person in need of such treatment results in a violation of his right to life guaranteed under Article 21.

Access full report to read directions

Also Read: Declare Strike/Self Isolation Called By 'Contractual Health Employees Federation' As Illegal During Pandemic: Bihar Govt Moves Patna HC

10. Corpses Floating In Ganga: Patna High Court Seeks Response Of Buxar, Kaimur District Commissioners On Disposal Of Bodies

A division bench comprising of Chief Justice Sanjay Karol and Justice S Kumar sought response of Commissioner of the Districts Buxar and Kaimur with regard to disposal of the dead bodies found flowing in the river Ganga in view of the second Covid wave.

11. COVID Death Data: Verify Facts Before Placing Them In Court, Else It Would Amount To Filing Of False Affidavit: Patna HC To Govt [Shivani Kaushik v. Union of India]

Observing that in Buxar District of Bihar, if in 10 days only in one crematorium, 789 persons were cremated, then what would be the position in the entire District, a Division Bench of Chief Justice Sanjay Karol and Justice S. Kumar directed the State Government, "All facts first must be verified from all sources and then only placed before us, else it will amount to filing of false/incomplete affidavit".

The Court also directed Government that the official Website maintained by the State of Bihar for recording the births and the deaths be regularly updated.

12. Check Purported Illegality, Brutality Exhibited By The Police In Enforcing Lockdown: Patna High Court To Bihar Govt [Shivani Kaushik v. Union of India and Ors.]

A Division Bench of Chief Justice Sanjay Karol and Justice S. Kumar directed the Bihar Government to check the purported illegality and brutality exhibited by the police in enforcing the lockdown. It also asked the Government to develop a State Level Protocol, enabling a common person to understand the need of dealing with the virus.

13. States Obligated To Provide Accurate Info On Deaths Occurred During COVID But Bihar Govt. Reluctant To Do So: Patna High Court Issues Directions [Shivani Kaushik v. State of Bihar]

A Bench of Chief Justice Sanjay Karol and Justice S. Kumar observed that the Government of Bihar is most reluctant to put in the public domain the number of deaths that occurred in Bihar during the last one year, i.e. during the time of Pandemic Covid-19.

"In our considered view, the resistance is uncalled for, for such action is neither protected by any law nor in consonance with good governance's settled principles," said the Court. It reminded the State Government that to cover with the veil of secrecy, the common routine business is not in the interest of the public.

14. COVID- "Policy Of 'Testing, Tracking And Treatment' Needs To Be Implemented In Bihar": Patna High Court [ Shivani Kaushik v. State of Bihar]

Emphasizing that the policy of "Testing, Tracking, and Treatment" needs to be implemented in Bihar with greater vigor, the Court observed that significant role played by the Media can help to prevent the pain, suffering, and anguish of people during the anticipated 3rd wave of Covid-19. The Bench of Chief Justice Sanjay Karol and Justice S. Kumar perused the affidavit filed on behalf of the State Government (pursuant to Court's last order) and noted that on the issue of vaccination, it was vague, inasmuch as it did not specify the number of persons eligible to be vaccinated, more specifically in the rural areas.

15. [Covid-19] What Is The Factual Status Regarding Vaccines & Health Infrastructure? Patna High Court Asks State [Shivani Kaushik v. Union of India & Ors.]

The Court recently directed the State to inform the Court regarding the factual status of vaccination, numbers of tests conducted and the health infrastructure available in the State. Chief Justice Sanjay Karol and Justice S. Kumar also noted that the State had failed to take any decision regarding its previous order dated 13th May 2021, pertaining to declaration of the strike/self-isolation called by the "Bihar State Contractual Health Employees Federation" during the pandemic period.

16. "No Information Available To Public": Patna HC Directs State To Ensure Public Briefing Everyday Disclosing Cogent Covid Related Information To Public [Shivani Kaushik v. Union of India]

While observing that the people at large do not have the requisite information about availability of covid related facilities, the Patna High Court this week directed Principal Secretary of the State Health Department to bring such information in public domain through media and ensure that "at-least once every day at a fixed time, a press briefing on behalf of the Government is made disclosing facts, illustratively, the number of COVID cases, the infrastructure which are available at various places in the State to admit and treat COVID patients and other cogent information which are required to be disseminated to the general public in public interest."

A division bench comprising of Justice Chakradhari Sharan Singh and Justice Mohit Kumar Shah was dealing with a bunch of petitions filed in view of the alarming surge in covid 19 cases in the State of Bihar touching upon the issue of lack of facilities and healthcare system to meet the challenges arising out of the second covid wave.

17. Patna High Court Seeks Details On Health Infrastructure In Bihar From Chief Medical Officers Of All 38 Districts Of State

The Court asked the Chief Medical Officers presently posted in all the 38 districts of Bihar to furnish details regarding health infrastructure in the state.

The bench of Chief Justice Sanjay Karol and Justice S. Kumar also directed the Additional Chief Secretary, Department of Health, Government of Bihar, and all the Civil Surgeons-cum-Chief Medical Officers shall remain present through virtual mode today.

18. In The Absence Of An Action Plan, The Healthcare System In Bihar Qua COVID Appears To Be Moving Aimlessly: Patna High Court

The Patna High Court observed that in the absence of an action plan, the healthcare system in Bihar qua COVID-19 appeared to be moving aimlessly.

The bench of Justice Chakradhari Sharan Singh and Justice Mohit Kumar Shah was hearing the suo motu case concerning reported deficient healthcare facilities in the State to meet the challenges posed by the second wave of COVID-19 pandemic.

Advocates/Bar Related Cases

1. Advocate, His Wife Allegedly Withdraw Over 10 Lakh From Client's Account Dishonestly: Patna High Court Refuses Bail To Advocate [Santosh Kumar Mishra v. The State Of Bihar]

The Court denied bail to an Advocate who, along with his wife, has been accused of dishonestly withdrawing over 10 lakh money which belonged to his clients (husband-wife) as compensation money on account of the death of their only son.

The Bench of Justice Rajeev Ranjan Prasad denied him bail as it noted that the Advocate had allegedly indulged in withdrawing the money, thereby committing a breach of trust being an attorney and that he wasn't even ready to return the money.

2. "Not Attired In Proper Uniform": Patna High Court Refuses To Take Notice Of Public Prosecutor's Appearance

The Patna High Court refused to take notice of the appearance of the learned APP in a criminal matter as he was not attired in proper uniform. The Bench of Justice Madhuresh Prasad said that the Court "could not take notice" of APP's appearance as he was not in proper uniform.