In a shocking incident, two police officials assaulted Additional district judge 1 Avinash Kumar of Jhanjharpur sub-divisional court of Madhubani district in Bihar on November 18. He is currently holding charge of the sub-division unit of the district legal services authority.
Officials identified as officer-in-charge of Ghoghardiha police station Gopal Krishna and sub-inspector Abhimanyu Kumar Sharma barged into the chamber of the judge and assaulted him at gunpoint in the afternoon of November 18.
The judicial officer was rescued by lawyers and court staff after hearing the commotion. Jhanjharpur Bar Association vice president Balram Sah and many other lawyers rushed to his chamber and rescued the judge. The association convened an emergency meeting and passed a resolution condemning the incident. Angry lawyers thrashed both officials and kept them in confinement till late the night. Later on, the judge lodged an FIR against the accused who are SI rank officials. Both were sent to jail.
Patna High Court conducts a hearing on the attack
Taking suo moto cognizance of the attack on the judicial official, the Chief Justice of Patna High Court Sanjay Karol formed a special division bench to hear the matter. Late in the night the division bench of Justice Ranjan Gupta and Justice Mohit Kumar Shah heard the matter and expressed grave concern over the incident.
The Additional Director General (headquarter) of Bihar Police JS Gangwar physically appeared before the special division. “Prima facie, it appears that this episode puts the independence of the judiciary in jeopardy. Both police officers started misbehaving and manhandling the judge, and not only this, but 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 there due to which life of the officer was saved,” the high court order said,” the court said.
In view of the magnitude and enormity of the issue involved, the court also directed the DGP of Bihar SK Singhal to remain present during the next hearing of this matter scheduled on November 19. “In view of the sensitivity of the issue, he (DGP) shall look into the matter and file a status report in a sealed cover,” the court said.
How the brawl started
Darbhanga range IG Ajitabh Kumar told the media that there was a complaint against the officer-in-charge after which the court staff of the judge called and asked him to come to the judge’s office. A heated argument took place between both sides.
“As we came to know the ADJ had summoned Gopal Krishna to inquire about an application of an applicant Asha Devi who is a resident of Ghoghardiha police station. All of a sudden we heard shouting we rushed inside the chamber. We were shocked to see that both of them are assaulting the judge. They were shouting and abusing that they will teach him a lesson for passing strictures on the police,” said a lawyer.
Judge Avinash Kumar known for his unusual orders and strictures
The judge is known for passing ‘unusual’ orders especially in the bail orders following which the Patna High Court in September this year seized his judicial powers. The High Court seized his power in the immediate context of bail he granted to a rape accused Lalan Kumar on the condition that for the next six months accused will wash and press sari of women of his village free of cost.
In July this year, the judge had recommended SP of Madhubani Dr Satya Prakash to be sent to Sardar Vallabh Bhai Patel National Police Academy, Hyderabad, for special training to understand and handle laws related to ‘offence committed against minor girls.’ In the order, he also recommended training for the officer-in-charge of Bhairav Asthan and SDPO of Jhanjharpur.
The judge passed the stricture since Madhubani SP signed the charge sheet in the case related to alleged rape with a minor girl. The police charged the accused for kidnapping, not rape. Besides, the police also treated the victim as an adult despite the report of the medical that stated that she was 15 years old when she was allegedly kidnapped and raped.
