Monday, October 23, 2023

Patna High Court Circular in compliance of Supreme Court's judgment in Md. Asfak Alam V. Jharkhand

The Registrar General, Patna High Court has issued a Circular Order dated September 19, 2023 in compliance of the direction issued by the Supreme Court in its judgment dated 31 July, 2023 passed in Md. Asfak Alam V. The State of Jharkhand (2023) by the bench of Justices S. Ravindra Bhat and Justice Aravind Kumar.

All the courts under the territorial jurisdiction of the Court shall be required to follow the law laid down in case of Arnesh Kumar V. State of Bihar (2014) by the Supreme Court's bench of Justices Chandramauli Kr. Prasad and Pinaki Chandra Ghose on 2 July, 2014.

 The following directions are contained in the said decision:
11.1 "All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41 Cr. P.C .;
11.2 All police officers be provided with a check list containing specified sub-clauses under Section 41 (1)(b)(ii) ;
11.3 The police officer shall forward the check list duly filled and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;
11.4 The Magistrate while authorizing detention of the accused shall peruse the report furnished by the Police Officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorize detention;
11.5 The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing;
11.6 Notice of appearance in terms of Section 41-A Cr.P.C. be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing;
11.7 Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before the High court having territorial jurisdiction.
11.8 Authorizing detention without recording reasons as aforesaid by the Judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.
12. We hasten to add that directions aforesaid shall not only apply to the cases under Section 498-A IPC or Section 4 of the Dowry Prohibition Act, the cased in hand, but also such cases where offence is punishable with imprisonment for a terms which may be less than seven years or which may extend to seven years, whether with or without fine."

The copy of the circular has been forwarded to the District and Sessions Judge , Araria; Aurangabad;
Banka; Begusarai; Bhagalpur; Bhojpur (Ara) ; Buxar; Darbhanga; East Champaran (Motihari ); Gaya; Gopalganj; Jamui; Jehanabad; Katihar; Kaimur (Bhabhua); Khagaria; Kishanganj; Lakhisarai; Madhepura; Madhubani; Munger; Muzaffarpur; Nalanda (Biharsharif); Nawada; Patna; Purnea; Rohtas (Sasaram); Saharsa; Samastipur; Saran (Chapra); Sheohar; Sheikhpura; Sitamarhi ; Siwan; Supaul ; Vaishali (Hajipur) and West Champaran (Bettiah) for information and necessary action.  

A copy of the circular has been forwarded to the Secretary General , Supreme court of India , New Delhi, Principal Secretary to Government of Bihar, Home Department, Patna, Principal Secretary to Government. f Bihar, Law Department, Patna, Director General of Police, Bihar, Patna, I.G. (Prison) and Director, Correctional Services, Bihar, Patna, Director, Public Prosecution, Bihar, Patna, Director, Bihar Judicial Academy, Patna, Advocate General , Bihar, Patna, Member-Secretary, BSLSA, Patna, Secretary, Bar Association, Patna, Secretary, Advocate Association, Patna and Secretary, Lawyers' Association, Patna. The Chairman, Bar Council of Bihar, Patna has to forward this letter to all the Bar Associations of the State for information and necessary action.

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