Patna HC: Attack on Judge is dangerous for independence of Judiciary

Alka Verma –

Published On: November 19, 2021 at 14:14 IST

While dealing with the shocking event of an attack on a Judge that happened on Thursday night, the Patna High Court stated that such attacks on Judges is a danger for the independence of Judiciary.

A Division Bench comprising Justices Rajan Gupta and Mohit Kumar Shah made this statement while hearing the matter of the attack which happened on Avinash Kumar, who is the Additional District and Sessions Judge of sub-divisional court in Jhanjharpur in Madhubani.

“As per direction of the hon’ble 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 date 18 November, 2021,” stated the High Court.

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

During the hearing, the Court issued notices to the State Chief Secretary, the Director General of Police, the Principal Home Secretary and the Superintendent of Police, Madhubani.

Adding to this, the Court ordered the DGP of Bihar to be present in the Court on the next date of hearing which is scheduled November 29.

“In view of the sensitivity of the issue, he (DGP) shall look into the matter and file a status report in a sealed cover,”ordered the Court.

The High Court made these directs after receiving a letter from Madhubani District and Sessions Judge wherein, the physical attack on Sri Avinash Kumar was mentioned.

“About 2.00 p.m., the Officer in-Charge namely Gopal Krishna, SHO, and Abhimanyu Kumar Sharma, Sub-Inspector of Police of Ghoghardiha, forcible entered the chamber of Sri Avinash Kumar-1, 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,” stated the letter.

“They also took out their service revolvers and wanted to attack the officer. However, certain court employees and advocated reached there, due to which life of the officer was saved,” it added.

The High Court after receiving the letter, took Suo Moto Cognizance of incident.

Also, in response of this incident, the Bar association of Jhanjharpur Court passed resolution condemning the attack and demanded action against the guilty person.

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