In Kumar Divyam vs. State of Bihar Through Principal Secretary, Home Department (2024), Patna High Court's division bench of Justices P. B. Bajanthri and Alok Kumar Pandey passed an order on August 13, 2024. The Court asked the Superintendent of Police, Bhagalpur Naugachiya "to send women police officer to the residence of Shambhu Nath Thakur, the Respondent No. 6 and Milli Kumari, the Respondent No. 7 and find out whether Arpita Kumari who is stated to be a friend of the petitioner is illegally confined and not permitting her to go out of the house. The order noted that Arpita Kumari is required to appear in the UGC-NET examination earmarked for appointment of lecturer which is scheduled to be held between August 21, 2024 to September 4, 2024. Her confinement would take away her right to participate in the examination or not? This information is to be secured and the Court is to be apprised on the next date of hearing. The other respondents were the District Magistrate, Bhagalpur, the Superintendent of Police, Bhagalpur (Naugachiya), the Officer In-Charge Sultanganj Police Station, Patna and the Officer In-Charge Jhandapur, Bihpur, Bhagalpur besides the above mentioned Respondents.
On August 20, 2024, the Court's order recorded that the counter affidavit on behalf of the Superintendent of Police, Bhagalpur Naugachiya, the Respondent No. 3 along with two documents. It reads: "Even though we are satisfied that victim girl is not staying under any coercion with her parents. However, learned counsel for the petitioner submitted that due to pressure/coercion she has given her statement on 14.08.2024." Responding to the submission of Manju Sharma, the counsel for the petitioner, the Court directed the Superintendent of Police, Bhagalpur Naugachiya, the Respondent no. 3 "to arrange for presence of Arpita Kumari on the next date of hearing so as to interact with her whether has she submitted statement on 14.08.2024 was under duress or not? The police official must accompany her in a civil dress." The matter was re-listed for hearing on August 27, 2024.
Notably, the petitioner had prayed for passing necessary direction or order for the release of the victim from her wrongful and illegal confinement in the residential house itself at the instance of her parents by way of issuing writ of Habeas corpus with the help of concerned respondent authority.
The final order of the Court was made on August 27, 2024. It reads: "Today, Arpita Kumari is present in the Court. She is a major and she submitted that due to coercion/duress, she has given her statement on 14.08.2024 and such statement has been given on the threat by the P.S.I-Mr. Panna Lal Rai, who had visited the residence of Arpita Kumari. The aforementioned statement has been obtained in the presence of parents of Arpita Kumari. After these events, the parents of Arpita Kumari had assured her that she will not be kept in house custody and she would be free to move from the house and return. Due to act of the parents and the P.S.I-Mr. Panna Lal Rai, Arpita Kumari lost her opportunity and right to participate in the process of UGC NET examination for appointment of Lecturer. Thereby, her career has been ruined."
The judgment observed:"The Superintendent of Police, Bhagalpur, Nagauchiya, is requested to initiate action against the police officer-Mr. Panna Lal Rai about his conduct when he was on duty under the directions of this Court in the aforementioned case, resultantly Arpita Kumari lost her right to appear in the UGC Net examination earmarked for appointment of lecturer. It is also learnt that the aforementioned police officer is a probationer. During probation, if he behaves in this manner then we should imagine of his attitude after his confirmation in the post. At this juncture, Arpita Kumari, with reference to assurance given by her parents, she intends to stay with her parents. The aforementioned statement is recorded in her presence. With the above observations, present petition stands disposed of."
It is not clear whether Kumar Divyam's prayer for relief and justice got addressed. Arpita Kumari could not appear for the UGC-NET examination under the gaze of the Court. Had the Court been more prompt in safeguarding her right, it could have asked for her presence in the Court on on August 20, 2024 itself. It could have enabled her to appear for the UGC NET examination held between August 21, 2024 to September 4, 2024. The Court should have ensured that she appeared for the examination.
From the perusal of the orders of the Court it is crystal clear that the counter affidavit on behalf of the Superintendent of Police, Bhagalpur Naugachiya, the Respondent No. 3 along with two documents misled the Court regarding coercion of the victim and her confinement.
The question is: now that the petition has been disposed of, who will monitor compliance of Court's order seeking action against Panna Lal Rai, the police officer for his misconduct in spite of being duty under the directions of the Court.
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