STATE Vs. IN RE: SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) These proceedings arise out of an unfortunate incident which took place in and around the Court of the District and Sessions Judge, Rohtas at Sasaram on 19.1.2002.

(2.) Briefly stated, notice was issued by the Sessions Judge, Rohtas to the Officer-in-Charge of Bikramganj Police Station, S.I. Arun Paswan, to show cause in terms of Section 349 of the Code of Criminal Procedure for non-production of the case diary despite adjournments in connection with hearing of Bail Petition No. 1671/2001 arising out of Bikramganj P.S. Case No. 200/ 2001 under Sections 302 and 201/34 of the Indian Penal Code. On 19.1.2002, SI Arun Paswan appeared before the Sessions Judge and filed show cause along with papers. The Sessions Judge found that the case diary had been written only up to 28.11.2001. After show cause notice was issued three paragraphs were written but there was no investigation after 28.11.2001, even though it was a Special Report' case. The learned Judge found that from the Station Diary it appeared that the Officer was present at the police station upto 9.1.2001 but did not care to send the case diary. The learned Judge concluded that his conduct amounted to disobedience of the Court's order and accordingly directed him to file further show cause why he should not be remanded to custody. He was meanwhile directed to remain present till, rising of the Court at 4.30 P.M. When the learned Judge sat after the luncheon recess and was in the midst of hearing Cr. Revision No. 334/2001, a group of persons in plain clothes as well as in police uniform were seen in front of the court room. They were shouting abusive slogans against the Judge. The Officer-in-charge of Sasaram (Town) Police Station and the Personal Security Guard of the District Judge took position on the Varanda outside the court rooms to prevent them from entering the court room. The advocates were excited and the learned Judge felt that untoward incident might take place. He requested them to resume their seats or to return to their Association. He learnt that the aforesaid group was led by Sudarsan Prasad Mandal, Dy. S.P. Sasaram, S.I. Sakaldeo Yadav and S.I. Syed Ahmad Khan. The learned Judge further came to learn, later, that a meeting had been held in the Chambers of the Dy. S.P. where S.P. Rohtas was also present and he had instigated the police officials to create pandemonium and assault him as well as other Judicial Officers and employees of the Civil Courts. The Registrar, Rohtas Civil Courts telephonically informed the police office but no response came.

(3.) The District and Sessions Judge sent a report to this Court through the Registrar General narrating the incident to the above effect vide his confidential letter No. 5 dated 19.1.2002. He stated in the report inter alia, that the incident was result of his pulling up the police officials for falsely implicating innocent persons, being slack in assisting the Court and conducting the investigation. The fact that the police was ill-disposed had also been reported in the newspapers. He sent another report, in continuation of the earlier one, vide confidential letter No. 7 dated 22/23.1.2002. Therein he disclosed the names of police officials (besides SI Sakal Deo Yadav and SI Syed Ahmad Khan) who had indulged in the incident of 19.1.2002. They were Inspector Alvin Tigga of Sasaram (Muffasil) Police Station, SI Pawan Kumar, Agrerh Police Station, SI Srikant Paswan of Nokha Police Station, SI Anil Kumar Yadvendu of Kochas Police Station and SI Kapildeo Singh of Chenari Police Station. They were led by Shri Sudarsan Prasad Mandal, Dy. S.P. of Sasaram, as already indicated in the previous report. They were raising slogan of "District Judge Murdabad, Bhagalpur Doharana Hai" and other abusive slogans. They were also carrying their official arms. The learned Judge stated that during the luncheon recess, SI Arun Paswan, who had been ordered to remain in Court after rejecting his show cause, had gone out and incited police officers who had assembled in connection with law and order meeting on the eve of Panchayat Election to be held on the next day i.e. 20.1.2001, and they came to the Court premises with the consent and connivance of the S.P. The learned Judge expressed his belief that the acts were aimed at bullying the Judiciary. The policemen had come prepared to criminally assault him and officers and employees of Court establishment at Sasaram. The learned Judge further stated in the said report that on 20.1.2001 at 9.00 P.M. the DIG, Sahabad range had informed him that FIR was to be lodged against him and FIR was actually lodged on 21.1.2002. This, according to the learned Judge, indicated that the entire police establishment was conspiring and planning things to humiliate and denigrate him and put the office of the District Judge to disrepute. The learned Judge took the position in the second show cause which S.I. Arun Paswan filed at 3.15 P.M., he had expressed regrets for his mistake and this was enough to demonstrate the falsehood of the allegations in the criminal case filed by him.