Patna HC takes suo moto notice of Additional District and Sessions Judge being trashed by policemen in chamber

The Patna High Court has taken suo moto cognizance of the police violence act against an Additional District and Sessions Judge in Jhanjharpur. The court has taken note of this upon a letter being received from the Judge, Madhubani, about the incident that has happened in the Sub Division of Madhubani, Live Law reported.

The letter by Madhubani states that ADJ Avinash Kumar has been physically attacked and assaulted by two policemen: Ghoghardiha Station House Officer Gopal Krishna, and Sub-Inspector of Police, Abhimanyu Kumar Sharma. The two accused policemen had forcibly entered the Chamber of the Judge and started abusing him, according to the letter.

The letter further said that when the judge protested, they manhandled and physically assaulted him, and even took out their revolvers to attack, a few lawyers and court employees reached the spot on time, saving the ADJ from further harm.

In its oral order, after the Special hearing, the high court has expressed shock about the gravity of such an attack on the judge.

In its order, the court noted, “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 matter has been listed for further hearing on 29th November, along with the Bihar Director-General of Police, being directed to remain present during the 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.”

The DGP has also been asked to file a status report in sealed cover due to the sensitivity of the issue.

According to sources, an FIR has been registered against the two police officers and has been booked for several offenses, including the non-bailable Section of IPC 353, and Section 30 of the Arms Act.

(Inputs from Live Law)

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