News Analysis India

Tag: Patna High Court

  • Dalit outfit moves Patna HC against release of murder accused ex-MP Anand in Bihar

    Express News Service

    PATNA: A Public Interest Litigation (PIL) has been filed in Patna high court against the amendment in Bihar Prison Manual 2012 facilitating the release of a criminal-turned-former MP Anand Mohan and 26 others from the state’s different jails.

    The PIL has been filed on behalf of Amar Jyoti, Bihar in charge of Bhim Army’s Bharat Ekta Mission.

    It alleged that the Nitish Kumar government tweaked the state’s prison manual to favour life convicts serving sentences for serious crimes.

    On April 24, the law department issued a notification asking superintendents of jails concerned to initiate the process of releasing convicts on a permanent basis in the wake of the recent decision of the state government.

    On April 10, an amendment to a certain clause was approved by the state cabinet at its meeting chaired by Chief Minister Nitish Kumar.

    Subsequently, it got its nod from the screening committee, which finalised the list of prisoners to be released.

    On Wednesday Anand surrendered in Saharsa jail after his 15-day parole came to an end. He is serving a sentence in the then Gopalganj district magistrate G Krishnaiah murder case of 1994.

    Before leaving for Saharsa, Anand told media persons in the state capital that he would reply to questions raised by some political parties over his release once he walks out of the prison permanently.

    Anand is set to be released on a permanent basis either on Thursday or Friday.

    The two-term MP from Rajput-dominated Sheohar Lok Sabha seat Anand was quite confident of being released from jail in a day or two. He, however, parried questions on the possibility of joining political parties soon after his release.

    ALSO READ | Bihar govt gives nod for release of don-turned-politician from jail

    “Let me talk to my workers and supporters on the issue. Then I will let you know,” he told the media with folded hands. He was on parole to attend the pre-wedding ceremony of his son Chetan Anand, sitting RJD MLA from Sheohar.

    Besides Anand, those whose release has been ordered include former JD(U) MLA Awadhesh Mandal, whose wife Bima Bharti is an ex-minister.

    A senior official of the prison directorate said the formalities were being completed for setting free altogether 27 prisoners, who have either completed 14 years of imprisonment or 20 years.

    “The order of their release is being dispatched to respective jails for the purpose,” a senior official of the state prison directorate said. On April 10, the state government brought about changes in Bihar Prison Manual 2012 to pave the way for the release of 27 prisoners.

    Anand’s release has caused a row among political parties in the state. Lawmakers from BJP alleged that the Bihar government’s decision to amend prison rules was ‘unconstitutional’. “The decision is against the people and Dalit community. It has been taken keeping election in mind,” BJP MP Sushil Modi said.

    He alleged that the ‘MY’ (Muslim Yadav) combination played a significant role in an amendment of the rules. A host of prisoners hailing from Yadav and Muslim communities figured in the list prepared by the department concerned, he added.

    However, deputy chief minister and RJD leader Tejashwi Prasad Yadav countered it saying, “What is the controversy in it? He has already served his sentence and now is being released legally,” he told the media.

    ALSO READ | Ex-MP Anand Mohan among 27 to be freed after spending more than 14 years in Bihar jails

    In a statement issued on Tuesday the Indian Civil and Administrative Service (Central) Association, a group of central civil services officers, expressed its dismay over the Bihar government’s decision and said that it was tantamount to a denial of justice. The association urged chief minister Nitish Kumar to reconsider the decision.

    Meanwhile, former IPS officer Amitabh Kumar Das said that he was in touch with a group of lawyers to file a PIL in the Patna high court. The slain 1985-batch IAS officer G Krishnaiah’s wife Uma Devi had also expressed her shock over the Bihar government’s decision to release the convict serving sentence in her husband’s murder case.

    PATNA: A Public Interest Litigation (PIL) has been filed in Patna high court against the amendment in Bihar Prison Manual 2012 facilitating the release of a criminal-turned-former MP Anand Mohan and 26 others from the state’s different jails.

    The PIL has been filed on behalf of Amar Jyoti, Bihar in charge of Bhim Army’s Bharat Ekta Mission.

    It alleged that the Nitish Kumar government tweaked the state’s prison manual to favour life convicts serving sentences for serious crimes.googletag.cmd.push(function() {googletag.display(‘div-gpt-ad-8052921-2’); });

    On April 24, the law department issued a notification asking superintendents of jails concerned to initiate the process of releasing convicts on a permanent basis in the wake of the recent decision of the state government.

    On April 10, an amendment to a certain clause was approved by the state cabinet at its meeting chaired by Chief Minister Nitish Kumar.

    Subsequently, it got its nod from the screening committee, which finalised the list of prisoners to be released.

    On Wednesday Anand surrendered in Saharsa jail after his 15-day parole came to an end. He is serving a sentence in the then Gopalganj district magistrate G Krishnaiah murder case of 1994.

    Before leaving for Saharsa, Anand told media persons in the state capital that he would reply to questions raised by some political parties over his release once he walks out of the prison permanently.

    Anand is set to be released on a permanent basis either on Thursday or Friday.

    The two-term MP from Rajput-dominated Sheohar Lok Sabha seat Anand was quite confident of being released from jail in a day or two. He, however, parried questions on the possibility of joining political parties soon after his release.

    ALSO READ | Bihar govt gives nod for release of don-turned-politician from jail

    “Let me talk to my workers and supporters on the issue. Then I will let you know,” he told the media with folded hands. He was on parole to attend the pre-wedding ceremony of his son Chetan Anand, sitting RJD MLA from Sheohar.

    Besides Anand, those whose release has been ordered include former JD(U) MLA Awadhesh Mandal, whose wife Bima Bharti is an ex-minister.

    A senior official of the prison directorate said the formalities were being completed for setting free altogether 27 prisoners, who have either completed 14 years of imprisonment or 20 years.

    “The order of their release is being dispatched to respective jails for the purpose,” a senior official of the state prison directorate said. On April 10, the state government brought about changes in Bihar Prison Manual 2012 to pave the way for the release of 27 prisoners.

    Anand’s release has caused a row among political parties in the state. Lawmakers from BJP alleged that the Bihar government’s decision to amend prison rules was ‘unconstitutional’. “The decision is against the people and Dalit community. It has been taken keeping election in mind,” BJP MP Sushil Modi said.

    He alleged that the ‘MY’ (Muslim Yadav) combination played a significant role in an amendment of the rules. A host of prisoners hailing from Yadav and Muslim communities figured in the list prepared by the department concerned, he added.

    However, deputy chief minister and RJD leader Tejashwi Prasad Yadav countered it saying, “What is the controversy in it? He has already served his sentence and now is being released legally,” he told the media.

    ALSO READ | Ex-MP Anand Mohan among 27 to be freed after spending more than 14 years in Bihar jails

    In a statement issued on Tuesday the Indian Civil and Administrative Service (Central) Association, a group of central civil services officers, expressed its dismay over the Bihar government’s decision and said that it was tantamount to a denial of justice. The association urged chief minister Nitish Kumar to reconsider the decision.

    Meanwhile, former IPS officer Amitabh Kumar Das said that he was in touch with a group of lawyers to file a PIL in the Patna high court. The slain 1985-batch IAS officer G Krishnaiah’s wife Uma Devi had also expressed her shock over the Bihar government’s decision to release the convict serving sentence in her husband’s murder case.

  • Bihar teacher says teaching in his college is like ‘academic death’, returns salary

    Express News Service

    PATNA: In yet another poor reflection on the state’s decrepit education system, a Hindi college teacher in Bihar has returned his accumulated salary worth nearly Rs 24 lakh as students were not attending their Hindi classes since he joined the college in 2019.

    Taking a high moral ground, assistant professor, Dr Lalan Kumar who teaches Hindi in Nitishwar College under Babasaheb Bhimrao Ambedkar Bihar University (BRABU) in the state’s Muzaffarpur district returned his accumulated 32-month salary worth more than Rs 23.82 lakh for a period between September 25, 2019 (date of appointment) to May, 2022.

    “Why should I accept salary when I have not taught the students enrolled in the department,” the teacher remarked while setting new benchmarks of honesty and integrity.

    He has returned his salary by sending a cheque along with a letter to the university vice-chancellor. In his letter, he has also expressed his desire to transfer him to any of these colleges- LS College, RDS College, MDDM College or the PG department of the university.

    Dr Kumar graduated from Delhi University while completing his post-graduation from JNU. He did his M.Phil. and PhD from Delhi University. 

    In his letter to the university’s vice-chancellor, the teacher said, “Out of 131 students, none of them attends his class. For me it is like an ‘academic death’. I am not able to discharge my duties despite my best intention. In such a situation, it would not be morally correct to accept the salary.”

    Besides the vice-chancellor, he has sent copies of his letter to the chancellor (governor), chief minister, state education minister, state finance department, Patna High Court (in form of PIL), chairman, University Grants Commission (UGC), union education minister, PMO, President and other dignitaries and high offices.

    Former President Dr APJ Abdul Kalam also honoured Dr Kumar with Academic Excellence Award for passing his graduation examination from Hindu College in the first division.

    Commenting on the Hindi teacher’s decision to return money to the government, a retired teacher of L N Mithila University professor Vashishtha Singh said, “Dr. Kumar has exposed the government’s education system.” “It’s virtually a slap on the education system prevailing in colleges and universities in Bihar,” he added.

  • Consider designated benches for dealing with prohibition law cases: Supreme Court to Patna HC

    By PTI

    NEW DELHI: The Supreme Court on Thursday expressed concern over delay in disposal of bail matters in Patna High Court and suggested that having designated benches to hear cases arising out of Bihar prohibition law will help in bringing in the consistency of relief and efficient disposal of matters.

    A bench of Justices Ajay Rastogi and Abhay S Oka said, “Once charge sheet is filed, where is the need to detain accused in magistrate triable offences. There is a huge pendency in the High Court and there is something wrong with the state. We have come to know that about 60 per cent of Judges of total judges (at Patna High Court) are hearing only bail matters. It is not a bail Court but a constitutional Court.”

    It observed, “This suggestion of having designated benches to hear prohibition matters and to hear all cases where the maximum sentence was seven years or less, will bring in the consistency of relief granted and help in efficient disposal.”

    The bench was hearing a petition relating to the delayed listing of a bail application in the Patna High Court and asked the High Court to consider the feasibility of implementing suggestions made to it in this regard by advocate Shoeb Alam.

    The top court had earlier asked Alam and other advocates appearing in the matter for suggestions to tackle the problem of delayed listing and huge pendency of bail applications in the Patna High Court.

    It asked advocate Gaurav Agrawal representing the High Court, to forward the suggestions to the High Court for consideration.

    Alam pointed out that the suggestions made in the note are based on CrPC provisions and on Supreme Court judgments and provisions of CrPC and Judgments regarding arrest need to be implemented across the country in order to help in reduction in pendency of bail applications.

    “The principle of ‘bail is the rule and jail and exception’ is only restricted to the courtroom, whereas in reality, it is a jail that is the rule and bails the exception. We are a trigger-happy nation where the arrest is made not because it is necessary but merely because the police officer can arrest without application of mind. Ultimately it is an Article 21 issue,” he submitted.

    The bench said “let us apply this in Bihar on a pilot basis and see what the result is. We will pass directions if required.”

    The top court referring to the implementation of provisions of CrPC and the guidelines laid down in the Arnesh Kumar Judgment said that there was little compliance of those principles in practice.

    It posted the matter for further hearing on April 19.

    On January 14, the top court had expressed serious concern over the delay in pendency of bail applications before the high court and the long incarceration of undertrial prisoners due to delay in hearing of their bail applications.

    It had invited suggestions from parties to the case and from advocate Shoeb Alam, who was present in the court.

    The Patna High Court had earlier told the top court that there is a “phenomenal increase” in the filing of bail applications due to the enforcement of prohibition in the state and roughly 25 per cent of regular bail pleas are being filed under the Bihar Prohibition and Excise Act alone.

    The high court had said it is working with less than half of its sanctioned strength and the increase in the filing of bail applications is causing a delay in disposal of regular bail pleas.

    It had informed the apex court that at present 39,622 bail applications, which include 21,671 anticipatory and 17,951 regular bail applications, are pending before the assigned benches.

    Further, 36,416 fresh bail applications, including 20,498 anticipatory and 15,918 regular bail applications, are yet to be taken up.

    On January 11, a bench headed by Chief Justice of India (CJI) N V Ramana had in another matter dismissed a batch of petitions of the Bihar government challenging the grant of anticipatory and regular bails to accused under the state’s stringent liquor law, saying these matters have choked the courts.

    The top court was hearing a plea of petitioner Abhyanand Sharma, represented by Advocate AR Takkar, who had approached the top court in a writ petition in an Excise Act offence, aggrieved by the non-listing of his regular bail application by the Patna High Court.

    The top court noted that it was a matter of concern if anticipatory bail applications were becoming infructuous because they were taken up for the first time after a year of their filing and regular bail applications had to be filed instead.

    The top court had agreed with the suggestion made by Alam that from an Article 21 perspective and in order to reduce the burden on the high court, “provisions of Section 436-A CrPC should be employed, which provides for the grant of statutory bail to any person facing an investigation or trial if such person has been in custody for more than one half of the maximum sentence specified for that offence.”

    Alam had submitted that in 2015, a three-Judge bench of the top court had directed jurisdictional Magistrates and Sessions Judges to visit the prisons in their jurisdiction at least once every week and grant statutory bail to eligible prisoners under the said provision from the prison itself.

  • Supreme Court Collegium approves proposal for elevation of advocate as Judge in Patna HC

    By PTI

    NEW DELHI: The Supreme Court collegium headed by Chief Justice N V Ramana Tuesday approved the proposal for the elevation of an advocate as a Judge in the Patna High Court.

    “The Supreme Court Collegium in its meeting held on February 8, 2022, has approved the proposal for elevation of Shri Harish Kumar, Advocate, as Judge in the Patna High Court,” the resolution of the collegium stated.

    The collegium, which also comprised senior-most judges Justices U U Lalit and A M Khanwilkar, held deliberations today and the resolution was uploaded on the apex court website.

  • Not necessary for court to give elaborate reasons while granting bail: Supreme Court

    By PTI

    NEW DELHI: It is not necessary for a court to give elaborate reasons while granting bail, particularly when a case is at the initial stage and the allegations of the offences by the accused would not have been crystalised, the Supreme Court said on Friday.

    A bench headed by Justice L Nageswara Rao said there cannot be elaborate details recorded by the court to give an impression that the case is one that would result in a conviction or, by contrast, in an acquittal while passing an order on an application for grant of bail.

    The apex court said a balance would have to be struck between the nature of the allegations made against the accused, the severity of the punishment if the allegations are proved and would result in a conviction, reasonable apprehension of the witnesses being influenced, tampering of evidence, criminal antecedents of the accused and a prima facie satisfaction of the court in support of the charge against the accused.

    “It is not necessary for a court to give elaborate reasons while granting bail particularly when the case is at the initial stage and the allegations of the offences by the accused would not have been crystalised as such,” the bench also comprising justices A S Bopanna and B V Nagarathna said.

    The top court said the court while considering an application for bail has to exercise discretion in a judicious manner and in accordance with the settled principles of law having regard to the crime alleged to be committed by the accused on the one hand and ensuring the purity of the trial of the case on the other.

    “Thus, while elaborating reasons may not be assigned for the grant of bail, at the same time an order dehors reasoning or bereft of the relevant reasons cannot result in the grant of bail. It would be only a non-speaking order which is an instance of violation of principles of natural justice. In such a case the prosecution or the informant has a right to assail the order before a higher forum,” the bench said.

    The top court’s observations came on appeals against an order of Patna High Court which granted bail to an accused in a murder case.

    The apex court said while it was conscious of the fact that the liberty of an individual is an invaluable right, at the same time while considering an application for bail courts cannot lose sight of the serious nature of the accusations against an accused.

    “While considering an application for grant of bail a prima facie conclusion must be supported by reasons and must be arrived at after having regard to the vital facts of the case brought on record.

    “Due consideration must be given to facts suggestive of the nature of the crime, the criminal antecedents of the accused if any, and the nature of punishment that would follow a conviction vis­-a-­vis the offence/s alleged against an accused,” the bench said.

  • Bihar to count children of babus studying in government schools

    Express News Service
    PATNA:  The education department in Bihar, at the instance of the Patna High Court, has started collecting data on the number of wards of state-cadre officers of IAS, IPS and other class-I and II services enrolled in the state-run government schools. The purpose of the exercise is apparently to ensure that the official machinery takes steps to improve the condition of government schools in the state.

    A single-judge bench of the high court headed by Justice Anil Upadhyaya had recently sought details on the number of officers who have enrolled their children in government schools. Sanjay Kumar, additional chief secretary, education department, has written to district magistrates and the superintendents of police of all 38 districts of Bihar to provide relevant details. The officers have to respond before August 4.

    Chief Secretary Tripurari Sharan is likely to review the details of the database before it is submitted to the court. Kumar has also issued guidelines to all district education officers (DEOs) to help in preparing the data. Justice Upadhyaya, while hearing a petition on the removal of guest teachers, had remarked that unless top officers’ children study in government schools, there will be no visible improvement in the state education system.

    The state has 209 IAS officers and 219 IPS officers, besides thousands of class-I and II officers.  According to official figures, Bihar has 72,663 government schools, including 42,573 primary, 25,587 upper primary, 2,286 secondary and 2,217 senior secondary schools.

  • HC clears decks for recruitment of 1.25 lakh teachers in Bihar; 4 per cent quota for persons with disability

    Express News Service
    PATNA: After waiting for almost two years, the Bihar government will start receiving application for recruitment of nearly 1.25 lakh teachers in government-run schools.

    On Thursday, a bench of Patna High Court gave the green signal to the state government to start the restoration process after hearing a petition challenging the recruitment of teachers.

    The National Federation of the Blind-Bihar had filed a petition challenging the recruitment process of teachers alleging that no reservation was granted for the differently-abled aspirants.

    As a result, the recruitment was stalled for two years. The matter was taken up in the Patna High Court.

    Finally, the court directed the state government to ensure four per cent reservation for the differently-abled and visually impaired candidates and grant them 15 days to apply.

    On Friday, education minister Vijay Kumar Choudhary said that the process has been started to publish the merit list, keeping the high court’s decsion to grant 4 per cent reservation to the differently-abled and visually impaired in mind.

    “We have moved the recruitment process of physically challenged aspirants who were left last time from applying for the jobs. We will tentatively start receiving the applications from June 9 by offline and online modes. A time of 15 days has been granted following the court’s direction. We will continue receiving applications,” claimed Chaudhary.

    Now, the differently-abled and visually impaired candidates, who could not apply in 2019, will be able to apply for recruitment from June 9.

    Meanwhile, the education minister told the media that a new advertisement of Covid-19 vaccines for physically challenged candidates will be published both offline and online after June 8.

    He also hoped that if no unforeseen crisis hit the state, the entire recruitment for 1.25 lakh teachers in the government-run primary to high schools will be completed in next 2 to 3 months.

    Around 90,000 teachers for primary and 30,000 for middle schools would be among the 1.25 lakh recruitments.

  • ‘Disturbed by purported illegality’: HC upset over ‘brutality’ by cops during Bihar lockdown

    By PTI
    PATNA: The Patna High Court has expressed displeasure over complaints of “brutality by police” while enforcing lockdown in Bihar and “maltreatment” of COVID-19 patients and their attendants at various health care centres.

    An order to this effect was passed on Tuesday by a Division Bench comprising Chief Justice Sanjay Karol and Justice S Kumar after the perusal of a report by a three- member experts’ team which visited government and private hospitals, besides the COVID care centres, across the state.

    “The state has adopted the policy of test, track and treat, but for an illiterate person in a village, dissemination of information has to be in a language he understands,” the court pointed out.

    “The government must develop a state-level protocol enabling a common person to understand the need to tackle the virus,” it said.

    The court noted with concern “purported illegality and brutality exhibited by the police in enforcing the lockdown” and directed authorities concerned to place a check on such measures.

    Lockdown, enforced in the state on May 5, will continue to remain in place till June 1.

    The court also said that “the issue of maltreatment of patients and attendants needs to be addressed immediately”.

    “The government, as also medical health institutions, public as well as private, must proactively take steps to disseminate information and put in place a grievance redressal mechanism, since this alone would instil confidence in the minds of the general public,” the court ordered.

    The bench further said it was in agreement with a suggestion made by P K Shahi, a former minister and ex- advocate general, for imparting “basic training to unskilled youth”, who showed a willingness to serve at the dedicated COVID care centres.

    The court stated that lack of skilled manpower for operating various equipment installed at ICUs and wards of the health centres was “a common issue that surfaced during the hearing”.

    The matter has been posted for further hearing on June 2.

  • Patna HC acquits 13 accused in 1999 bloody Bihar massacre

    By Express News Service
    PATNA:  In a major verdict, the Patna High Court on Friday acquitted 13 accused in Bihar’s infamous Senari massacre, in which 34 members of an upper caste were killed by Maoist Communist Centre, an outlawed organisation, in 1999. 

    A division bench comprising Justices Ashwani Kumar Singh and Arvind Srivastava set aside the judgment of a lower court in acquitting the 13  The court has ordered that they be released immediately.  In 1999, extremists linked to the MCC executed 34 members of an upper caste in an open field in Senari. 

    On November 15, 2016, Jehanabad district court had sentenced 10 of the accused to death and three others to life imprisonment. The state government had filed a death reference in the Patna HC seeking its confirmation of the death sentence by the lower court. Meanwhile, some of the convicts filed an appeal challenging the lower court’s verdict.  

    The 13 acquitted are: Bacheesh Kumar Singh, Budhan Yadav, Gopal Saw, Butai Yadav, Satendra Das, Lalan Pasi, Dwarika Paswan, Kareem Paswan, Gorai Paswan,  Uma Paswan, Mungeshwar Yadav, Vinay Paswan and Arvind Paswan.

  • Patna HC to help private hospitals address oxygen shortage

    By Express News Service
    The Patna High Court has come to the aid of private hospitals, assuring to redress their grievances with regard to oxygen supply by taking up the issue with government agencies. The decision comes amid an unprecedented surge in Covid-19 cases in Bihar.

    An email ID has been made public following the order issued by the Patna High Court on April 23 to receive complaints directly over insufficient or non-available of oxygen from the private hospitals. As many as 90 private hospitals have been allowed to start treatment of Covid-19 patients, adhering to the guidelines laid down by the MHA.

    The Registrar General of Patna High Court has been entrusted to look into the complaints. The order stated that private hospitals allowed to treat Covid-19 patients but face difficulty in getting supplying of oxygen can share the problems through email with the court.