Supreme Court slams conduct of criminal trials in Bihar

Criminal trials by some of the subordinate courts in Bihar are conducted in a "neglectful" way, a concerned Supreme Court has said and asked the Patna High Court to take corrective measures. "It is our experience that in criminal trials in Bihar no proper attention is paid to the framing of
charges and the examination of the accused under section 313 of the Code of Criminal Procedure, the two very important stages in a criminal trial," said a bench headed by Justice Aftab Alam, who earlier was a judge in the Patna High Court.

"The examination of the accused are mostly done in the most unmindful and mechanical manner," said the bench, which also included Justice R M Lodha.
"We wish that the Patna High Court should take note of the neglectful way in which some of the courts in the state appear to be conducting trials of serious offences and take appropriate corrective steps," the bench said. It also directed that a copy of its judgement be sent to the High Court registry and state's judicial academy.
The bench made the critical observation over the functioning of the state's subordinate judiciary, while acquitting a murder convict Sajjan Sharma, sentenced to life imprisonment by a Naugachia session court in Bhagalpur district of Bihar. The trial court ruling had also been upheld by the Patna High Court.
The apex court's observations came after it detected that Sajjan was falsely implicated in the murder case at a later state by the victim's family despite his having no role in the offence. His father and brother were among those allegedly involved in the case.
"We are constrained to say that this is not an isolated case but it is almost a stereotype," the bench said while referring to cases where a member of the assailant's family, who has been left out in the First Information Report, is implicated at a later stage.
"It is endemic that some other innocent persons or even such of the members of the family of the accused who might not be present at the time of commission of offence are also roped in and falsely implicated," said the court. The court gave its ruling while adjudicating the appeal of Sajjan, whose father Satto Sharma and brother Shambhu Sharma were involved in the November 1994 killing of one Naraion Kunwar by an armed gang of his co-villagers over old enmity.
The others in the gang included Bodhan Rai, Sukesh Kunwar and Paro Kunwar. Though Sharma's father and brother died during the course of trial, Naugachhia's session court convicted Sajjan along with two others. "Let a copy of this order be placed before the judge of the Patna High Court, in-charge of the State's Judicial Academy," the apex court said.

HT

Nitish Orders CBI Probe in Purnia MLA Murder Case

Bihar Chief Minister Nitish Kumar on 8th January decided to recommended a CBI probe into the killing of Purnia MLA Raj Kishore Keshri, who was allegedly stabbed to death by a woman in full public view.
The Bihar government has decided to recommend the CBI to launch an inquiry into the killing of Keshri, sources at the chief minister's office told PTI.
The move followed Kumar's deputy Sushil Kumar Modi urging him in a letter to order a CBI inquiry into the case earlier in the day.
Modi had ruled out a CBI probe into Keshri's murder three days back saying, "There is no possibility of the state government handing over an inquiry into the Keshri murder case to CBI at the moment."
Editor's arrest questioned in Bihar legislator murder case
Journalists in Bihar have termed the arrest of Navlesh Pathak, editor of Purnia-based English weekly 'Quisling', in Bharatiya Janata Party (BJP) legislator Raj Kishore Kesri's stabbing case as an attempt to suppress press freedom.
Kesri, a BJP legislator from Purnia assembly constituency, was knifed Jan 4 in his home by a woman teacher Rupam Pathak, who alleged the politician had raped her for over three years.
Navlesh Pathak had first reported about Rupam's sexual harassment complaint.
Police arrested Navlesh Thursday after an FIR was registered in the case against three accused, including Rupam, by Kesri's nephew. A Bihar court Friday sent him to judicial custody for 14 days.
'I was really shocked and failed to understand the arrest of Navlesh Pathak. Is it a crime to report the truth? Police have arrested him under political pressure to suppress his voice,' said Irshadul Haque, Tehelka magazine's senior correspondent in Bihar.
Another journalist Santosh, a reporter for ETV Bihar, said Navlesh's arrest was done in haste.
'Navlesh Pathak is a responsible man. Editing an English weekly newspaper in a small town like Purnia, he dared to expose a big story but was arrested after being named as a mere accused. There are hundreds of prime accused in serious crime cases who are roaming free in Bihar,' he said.
Nikhil Anand, political editor of News India, Bihar said it was shameful that a journalist was put behind bars for exposing a scandal.
'It is unfortunate that leaders who led the anti-Emergency movement during mid-1970s in Bihar are at the helm of affairs... when a ruling party legislator is stabbed to death, it exposes the relation between power and sex. It appears to be the biggest sex scandal involving politicians. Navlesh should be rewarded but he is being punished,' Anand told IANS.
'Bihar media is facing its biggest test in recent times. It is torn between constant praise for the state government led by Nitish Kumar and professional excellence as shown by Pathak,' said Anand S.T. Das, a senior journalist working with Asian Age.
Amit Kumar, chief reporter with Bihar's leading Hindi magazine Tapman, said it was unfortunate that no journalist union had raised its voice against Navlesh's arrest.
'It appears that for journalist unions, Navlesh Pathak's arrest is not an issue,' he said.
A senior journalist who did not wish to be named said that Bihar Deputy Chief Minister Sushil Kumar Modi, soon after Kesri's killing, shrugged off the editor's arrest by saying that his weekly was a small, insignificant publication.
Earlier, Ruma Pathak, Navlesh's wife, alleged that police was biased in its inquiry and apprehended a threat to him in custody.
The news of Kesri's killing spread rapidly across Bihar, where the BJP is the junior ally of Chief Minister Nitish Kumar's Janata Dal-United (JD-U)-led government.
Rupam Pathak, around 40, went to Kesri's home in Purnia and stabbed him to death in the presence of a number of people.
'He died soon after being stabbed because his vital organs were badly damaged,' an employee at Kesri's house said.
Rupam was badly beaten up by Kesri's security guards and supporters following the murder. She alleged Kesri, 51, had raped her for over three years, a charge refuted by the party.
A Bihar court Thursday sent Rupam to judicial custody for 14 days, officials said.
IANS

ITS MORE THAN A MURDER
PURNIA: Whether the local tabloid Quisling's editor Nawalesh Pathak abetted or conspired in the killing of BJP MLA Raj Kishore Kesri is still under probe, but his proximity with the assailant, Rupam Pathak, is now beyond any iota of doubt.
Purnia SP Nayyar Hasnain Khan made this observation while speaking to TOI on Saturday after a prolonged interrogation of the journalist on Friday.
The journalist, who was arrested on Thursday, has since been remanded to judicial custody till January 18.
The SP said Nawalesh Pathak, whose revelation of the charges of sexual exploitation of Rupam allegedly by the BJP MLA and his aide created a political storm some months back, was constantly in touch with the principal of Rajhans Public School and often talked to her over her cellphone.
Nawalesh had a long conversation with Rupam Pathak the night before the killing, i.e. on January 3, barely 12 hours before she stabbed her alleged tormentor Kesri at his residence on Chunapur Road in full public view, police sources said.
Besides, Rupam, who bore serious grudges against Kesri, had gone over to Nawalesh's village home at Bhatotara under Barharakothy block in Purnia district in her school Maruti van only a week before the gruesome killing, it was revealed during the interrogation. Nawalesh, son of a retired judge and brother of a senior government servant, also conceded that Nawalesh often called Raj Kishore Kesri for financial aid to sustain his fledgling tabloid, police sources said.
The journalist's proximity to Rupam was further corroborated by the fact that his wife, Rama Pathak, also worked in the same school, the SP said.
Responding to the allegations levelled by Nawalesh's wife Rama Pathak that the slain BJP MLA was harassing and targeting Rupam's 17-year-old daughter, the SP said the charges were unsubstantiated and that even Rupam had been requesting not to drag her children into the matter.
The arrested journalist had confessed during interrogation that Rupam had filed the protest petition in the court after her retraction only after he prevailed upon her to do so, police sources said.
The SP informed that the school Maruti van in which Rupam went to the MLA's house on the fateful morning has been recovered and seized. The van's driver is, however, absconding, Khan added.
Meanwhile, a forensic team has reached Purnia which will not only visit the site of the incident, but also examine other evidences collected during the investigation, the SP said.
When asked why Kesri's aide Bipin Rai, who had also been charged with sexually abusing Rupam as mentioned in her FIR lodged with the Khazanchihat police station, was not being arrested for which different women organisations were crying hoarse, the SP said, "We have already submitted the report in the court. Action will be taken only after the court's direction."
Meanwhile, Nawalesh Pathak, during his short interaction with the media, remarked, "It is not just a murder case... There are far too many things behind it."
The Times of India

NCP seeks Modi's resignation
The Nationalist Congress Party (NCP) has sought the Bihar Deputy Chief Minister, Sushil Kumar Modi's resignation for allegedly making derogative comments against the prime accused Rupam Pathak and trying to influence probe in the BJP MLA Raj Kishore Kesri murder case.
"Modi should resign from the post of deputy chief minister for making derogatory comments against Pathak and seeking to influence the investigation in the matter by giving a character certificate to Kesri," NCP national General Secretary, Tariq Anwar told reporters at Patna.
The deputy chief minister had been casting personal insinuation against Pathak - the main accused in Kesri murder case - ever since the incident took place on Janaury four last and sought to malign her character, he said.
The NCP leader, however, expressed satisfaction that the state government had recommended a CBI probe into the sensational murder case and hoped that the truth would come out to the satisfaction of all.
Anwar sought to blame the Bihar police for its failure to impartially investigate the woman's complaint in the past and said that the BJP MLA's murder might not not have taken place if her grievances could have been sorted out earlier.
The NCP leader, who was in Patna to review his party's performance in the Bihar assembly polls held late last year, said that the RJD supremo Lalu Prasad's projection as the chief ministerial candidate by the RJD-LJP combine was the main reason behind the ruling NDA's landslide victory.
The fear of Lalu worked pyschologically among the electors who closed ranks in the last minute and voted for the NDA to scuttle the remotest chance of the former's comeback in power, Anwar said.
The NCP leader said that he was satisfied with the performance of his party as its vote percentage increased to 2.58 per cent as against about one per cent votes in October 2005 assembly polls.
Anwar warned the NDA Government, headed by the Chief Minister Nitish Kumar, against going overboard on its massive victory and said that it should not not forget that the opposition put together had polled 61 per cent votes in the same assembly polls.
The NCP leader also sought to poke holes in the mantra of good governance by the NDA by saying that 41 per cent of its MLAs faced serious criminal cases like that of murder, kidnapping and ransom.
SAMAY LIVE
Rupam Pathak's husband backs sexual abuse claim against BJP MLA
The husband of Rupam Pathak, the woman who stabbed Bharatiya Janata Party (BJP) MLA from Bihar's Purnea district Raj Kishore Kesri to death on Tuesday, has backed her allegation that the politician had raped her on different occasions over the last three years.
Buzz up!Ashok Kumar Pathak, who lives here, said that Rupam had lodged an FIR against Kesri at the Khazanchihat Police Station on April 18 last year, but was forced to withdraw it after they received death threats from the MLA.
"As the threats continued and became stronger, Rupam was forced to withdraw the FIR," Ashok said.
Kesri was stabbed to death by Rupam on Tuesday morning when he was meeting visitors at his residence.
Rupam, a teacher in a private school, is currently in hospital in critical condition after she was assaulted by Kesri's bodyguards and others present at the scene of the attack.
Ashok also insisted that his wife's action was an act of revenge, and "an outburst of her pent up anger".
"The killing of the MLA was shocking, but I strongly feel it was an outburst of her pent up anger, which had escalated to such a level that she avenged his sordid crimes on her in such a manner," Ashok said. (ANI)

Bihar Ministers Decalre Assets

All 30 ministers in Bihar have submitted the details of their assets to Chief Minister Nitish Kumar, after he asked his cabinet colleagues to place records of their properties. Its available here: http://gov.bih.nic.in/Scripts/DocList.asp

In a bid to weed out corruption, Kumar had asked his ministerial colleagues earlier this month to submit the details of assets that they possess by today so that the records can be put on the websites for public. Circulars were issued to officials, including IAS and IPS cadre, besides other public servants from Grade I to Grade III ranks to declare their assets, official sources said. The details of assets owned by Chief Minister would also be placed on the government's websites.

The ministers who declared their assets include Road Construction Minister N K Yadav, Urban Development Minister Prem Kumar, Cooperative Minister Ramadhar Singh, Animal and Fishery Resources Minister Giriraj Singh, Arts and Culture Minister Sukhda Pandey, Health Minister Ashwini Kumar Choubey, PHED Minister Chandramohan Rai, Mines and Geology Minister S N Arya, Labour Resources Minister Janardan Singh Sigriwal and Tourism Minister Sunil Kumar Pintoo (all from BJP).

The JD(U) Ministers who declared their assets, include P K Sahi (HRD Minister), Vijendra Yadav (Energy Minister), Vijay Choudhary (Water Resources Minister), Brishen Patel (Transport Minister), Hari Prasad Sah (Panchayati Raj), Ramai Ram (Land Reforms and Revnue), Bhim Singh (Rural works Minister), Nitish Mishra (Rural Development Department), Praveen Amanullah (Social Welfare Minister), Jitan Ram Manjhi (SC welfare Minister) and Shyam Rajak (Food and consumer affairs).

Other Ministers from JD(U) are Renu Kushwaha (Industry Minister), Narendra Narayan Yadav (Law Minister), Gautam Singh (Science and techonology Minister), Damodar Rawat (Minister for Building construction and Housing), Sahid Ali Khan (Minority Welfare Minister), Awadhesh Prasad Kushwaha (Sugar Cane Industry and Minor irrigation).

Beyond the shadows of politics

Around a decade ago, LK Advani gave a sagacious advice to the Ambani brothers. “Let politicians do their politics and run the country; you concentrate on your business,” Advani is believed to have told the Ambanis when they called on him at his office at North Block. The meeting followed what appeared to be brazen attempts by the two brothers to influence public policy and politics.

Advani was the second most powerful politician in the country after prime minister Atal Behari Vajpayee. And he was worried about the speculation over the clout wielded by the Ambanis and their efforts to influence politics. His message was obviously no threat. It, in fact, contained an unambiguous assurance that industrial groups like that of the Ambanis would continue to 
get the support of the government irrespective of political affiliations.

It was nothing short of an acknowledgment of the enormous clout wielded by a powerful industrial house. It was also an acknowledgment of the fact that the government could ill-afford to rock the boat of a large corporate house. This episode bears relevance in the present context when corporate houses are seen as brazenly interfering with matters that fall strictly within the domain of the government.

Apparently there is nothing wrong if an industrial house gets the support of the government in promoting its business and creating more wealth. Even at the height of Nehruvian socialism, when it was fashionable to see the state in perpetual conflict with capital, the Tatas were pampered. Despite abolition of the Zamindari Act, the Tatas continue to retain their zamindari in Jamshedpur. The Birlas got their unhindered access to the corridors of power and gained substantially from the licence-permit raj. The enormous clout wielded by these traditional industrial houses has never been a secret.

But economic liberalisation has veritably unleashed an “animal spirit” that is running riot in the corridors of power. For the first time, India’s prime minister PV Narasimha Rao stood accused of accepting bribe in what is known as the Harshad Mehta case. In the 1990s , the fine distinction between the political class and Indian corporate houses got blurred. The natural shyness of politicians to cosy up to corporate houses gave way to defiant flaunting of such relations by politicians as a new statement of power. This was summed up by BJP’s Pramod Mahajan when he said, “I don’t treat my friends like prostitutes.” Mahajan perfectly exemplified the growing clout of corporate houses on the Indian state.

In the late nineties, particularly during the NDA regime, the corridors of power were abuzz with a new term, “RH positive”, which connoted favourable inclination towards Reliance and the Hindujas. It was a measure of corporate India’s growing clout during the NDA regime that public policies were tailored to suit corporate interests. Those keeping a close watch on the government knew how policies pertaining to petroleum, disinvestment and telecom were subjected to corporate warfare. And more often than not, such corporate struggles threatened to even unsettle the Atal Behari Vajpayee government.

Advani’s elderly advice to the Ambanis should be seen in this context. But has corporate India paid heed to such a sagacious advice? If the Niira Radia tapes are any indication, business houses have emerged as the most unscrupulous subversive force in the country.

What is really worrisome is the fact Niira Radia has been employed by India’s two most powerful corporate houses – the Tatas and the  Ambanis. Both must have known that the tactics adopted by Radia in manipulating policies were unfair to say the least. She has been interacting with second rung political executives with superb ease on account of her proximity to the Tatas and the Ambanis.

In effect, she is running errands for her bosses who find it beneath them to interact with the likes of Raja, NK Singh and Ranjan Bhattacharya.

If anything, the Radia tapes are indicative of the worst kind of snobbery and over-confidence that the corporate India has acquired over the years.

Ajay Singh, the author is a senior Indian journalist

© Governance Now

Quisling Editor, Navlesh Pathak Arrested in Bihar MLA Murder Case

 Sexual harassment of Rupam Pathak by Bihar MLA was reported for the first time by Quisling magazine

Navlesh Pathak, the editor of a local weekly, which had first reported the sexual harassment complaint of Rupam Pathak who stabbed to death in full public view BJP MLA Kishore Keshari, was today arrested after an FIR was lodged against him and the woman.

Keshari's nephew Sudip Keshari lodged an FIR with the K-Hat police station against Rupam Pathak, who was arrested soon after she stabbed the MLA to death, Navlesh Pathak, editor of an English weekly and an unknown person last night, DIG (Purnia range) Amit Kumar said.

Police then arrested Navlesh Pathak from his residence here and subjected him to a marathon grilling in the case, the DIG said. He said the police is yet to identify the third person in the FIR,. Pathak, editor of English weekly Quisling, had for the first time reported the sexual harassment complaint of Rupam some months back.

Meanwhile, family members of the journalist, including his wife, alleged that police was biased in the investigation and apprehended a threat to him in custody. Keshari was stabbed to death by Rupam in full public view at the MLA's residence at Sipahi Tola under K-Hat police station on Tuesday.

Kumar said there were two different aspects involved in the case. The killing of the MLA was separate from the complaint of the woman who stabbed him to death, the DIG said.

The investigation was going on in full swing in the case, he said, adding the FIR by the slain MLA's relative also said there was a conspiracy behind the murder.

PTI

21 HOUSE COMMITTEES OF BIHAR VIDHAN SABHA

 Uday Narayan Chowdhary, Bihar assembly Speaker has constituted 14 House committees. BJP is yet to announce its choices for MLAs who will be part of assembly committees. Consequently, seven committees are yet to be constituted most of which is likely to be chaired by them.

RJD's Lalit Yadav has been appointed as chairman of the all-important Public Accounts Committee (PAC). The chairpersons of all these committees will get the rank and benefits of minister of state. Yadav has won assembly elections four times. He is elected from Darbhanga rural. He was twice elected MLA from Manigacchi which is now Manigacchi merged with Darbhanga rural constituency.

The office of the PAC chairman goes to the main opposition party as per tradition. Abdul Bari Siddiqui, the current leader of opposition in the Vidhan Sabha was its chairman in the last assenbly.

Raghvendra Pratap Singh, RJD MLA has been made chairman of Library Committee. 
Izhar Ahmad, JDU MLA is the new chairman of Estimate Committee.
Shaligram Yadav, JDU MLA is the chairman of Petition Committee
Subodh Rai, JDU MLA is the chairman of Internal Resources Committee
Ramesh Rishideo, JDU MLA is the chairman of SC/ST Committee.
Bima Bharti, JDU MLA is the chairperson of House Committee
Poonam Devi, JDU MLA is the chairperson of Women and Child Committee
Guddi Devi, JDU MLA is the chairperson of Agro-industries Committee

and Lesie Singh, JDU MLA is the chairperson of Assurance Committee

The rest seven of the total 21 House committees will be constitured later. Besides RJD, no opposition party is entitled to claim chairmanship of any House Committee in view of their strength.

VIDHAN SABHA STRENGTH :   243

SESSIONS : 3, (Budget, Monsoon, Winter)