Patna HC notice to Bihar DGP over FIR against judge

Patna, Aug 3 The Patna High Court on Wednesday issued notice to Bihar DGP S.K. Singhal and Madhubani's Superintendent of Police Sushil Kumar during the hearing of a case related to the November 2021 assault on ADJ, Jhanjharpur, Avinash Kumar.

A division bench, headed by Chief Justice Sanjay Karol, was shocked after it was informed that the district police registered an FIR against ADJ Avinash Kumar without his permission. In a strong remark to the DGP, the Chief Justice said that the police have gone above the law and courts. As per the strict direction of the Supreme Court, an FIR against any judge can be registered only after the permission of the Chief Justice of the high court.

The assault case occurred on November 18, 2021 when then Ghoghardeh SHO Gopal Krishna and Sub-Inspector Abhimanyu Kumar Sharma allegedly beat the ADJ inside his chamber in the court and also threatened him with dire consequences by pointing a pistol on him. He was rescued by the lawyers of the Jhanjharpur court.

Following that incident, ADJ Avinash Kumar registered an FIR against the two policemen in the Jhanjharpur police station. Since then Patna high court was monitoring the case.

During the hearing of the court, government lawyer Mrigang Mauli, appearing for the police, said that an FIR was registered against ADJ on the statement of then SHO and the SI in June this year. At this, the Chief Justice asked him to inform the court under which law was the FIR was registered against the ADJ.

"The state police have violated the ruling of the Supreme Court which clearly said that the FIR would be registered against any judge only after the direction of the Chief Justice of the high court. As I have not given the permission to register an FIR against ADJ, how could Bihar Police register an FIR against him," he said.

To this, Mauli only said that a letter was written to the high court for the permission.

Expressing his anger, the Chief Justice said that the approach of Bihar police is non- tolerable and fixed the next hearing on Thursday at 2.30 p.m. when the state police will submit its defence. He also directed Mauli to appear before the court during the hearing.