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Patna High Court takes suo motu cognizance of physical assault of district judge by police

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The Patna High Court has taken suo motu cognizance of the physical assault of an Additional District and Sessions Judge, Jhanjharpur, Bihar. The court has taken note of this incident upon the receipt of a letter from the District and Sessions Judge, Madhubani. The incident took place in the Sub Division of Madhubani at Jhanjharpur, Bihar.

The division bench comprising of Justice Rajan Gupta and Justice Mohit Kumar Shah has directed the Director General of Police, Bihar to the look into the matter and file a status report in a sealed cover.

“As per direction of the Chief Justice, the present case has been listed before this Bench for special hearing in view of unprecedented and shocking matter which has come to light in view of a report received from the In-charge District and Sessions Judge, Madhubani dated November 18, 2021,”

-the letter reads.

According to the letter that has been received from the In-charge District and Sessions Judge, Madhubani in respect of the unprecedented physical attack and assault on the Additional District and Sessions Judge.  

“Avinash Kumar, Additional District and Sessions Judge, Jhanjharpur, has reported that at about 2:00 PM, the Officer In-charge namely, Gopal Krishna, SHO and Abhimanyu Kumar Sharma, Sub-Inspector of Police, Ghoghardiha forcibly entered the Chamber of Sri Avinas Kumar-I, Additional District and Sessions Judge, Jhanjharpur and started abusing him. On his protest, both police officers started misbehaving and manhandling the Judge and not only this, they also physically assaulted him. They also took out their service revolvers and wanted to attack the officer. However, certain Court employees and Advocates reached their due to which life of the officer was saved.”

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The bench while expressing their distress over this whole unfortunate incident said, “Prima facie, it appears that this episode puts the independence of 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.”

Looking at the magnitude and enormity of the issues involved, the court has directed the  Director General of Police, Bihar to remain present on the next date of hearing. The matter is now listed on November 29, 2021 for further hearing.

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