May 09, 2018

Jharkhand HC DIRECTS ACTION AGAINST GARHWA SP Mohammad Arshi


Daily Pioneer

Thursday, 10 May 2018 | Mukesh Ranjan | Ranchi | in Ranchi

Dissatisfied with the report submitted by the State Government in the Garhwa assault case, the Jharkhand High Court directed it to initiate departmental inquiry against the SP Mohammad Arshi and submit a report within four months along with the action taken report against him.

However, a division bench comprising Justice H C Mishra and Justice BB Mangalmurty, calling the ongoing lawyers’ strike of Dhanbad Bar Association as illegal, refused to interfere in the arrest of lawyer there and said that the law will take its own course.

Garhwa lawyer Ashish Dubey was allegedly beaten up by the police for shooting video of police personnel  trying to take out the vehicle of Garhwa SP from heavy traffic jam and was later taken into custody but was later released after pressure mounted by the Advocate’s Association.

“Looking at the statement of the witnesses, it appears that the Garhwa SP was very much present at the place of occurrence. If the incident took place in his presence, the lawyer must have been assaulted at his command and if he did not order for it, his junior officials are not under his control,” observed the Court.

The two independent witnesses – Devashish Kumar Chandravashi and Nanhu Ram-stated that the incident took place in presence of the Garhwa SP Mohammad Arshi. “He was stuck in jam while the policemen on another vehicle came down and started thrashing one person who was taking video footage of those policemen at around 9: 30 am on April 30, 2018, stated the report.  

Earlier, while hearing the PIL filed by advocate Rajiv Kumar, the Court reacted strongly over the demand made for getting the matter investigated by National Investigating Agency (NIA) and asked him not to make illogical arguments and also not make allegations against the SP that were not found simply because he belonged to a particular community. It also asked Kumar to prove the link between Zakat Foundation and the District Legal Services Authority (DLSA) Officer Mohammad Nayeem Ansari, as alleged by the advocate.

The report submitted by the State Government said that action has been taken against the erring police personnel by suspending three constables while suspension of the Officer-in-Charge of Ranka Police Station Laxmikant Pandey was under process and a notice has also been issued for initiating department inquiry against him.

“The Court observed that the statement of independent witnesses could also have been included in the report and the statements recorded by three officials of the District Collectorate, clearly indicate that they were not present at the place of occurrence,” said Kumar.

When Dhanbad Bar Association president Radheshyam Goswami referred the matter of advocate Ashwini Kumar and alleged that the Judicial Commissioner had been trying to patch up the matter, the Court again reacted strongly and said that he had been making false submission.

More than 3,000 lawyers in Dhanbad went on an indefinite strike from Wednesday against the arresting of Kumar who allegedly held a minor girl hostage and sexually assaulted her at his home around midnight on April 28 by using gas cutter to open the door when he didn’t open the door.

“Unlike police, our officers are under our control and if you are saying that the Judicial Commissioner had been trying to patch up the matter, you are making false submission as I have directed him not to interfere in the matter and he will not dare to go beyond my directions,” observed the Court. If the strike still continues, it must be said that it is illegal, it added.

The Court also refused to hear the case and said that let the law will take its own course. It, however, granted liberty to the Association to file a separate petition in this regard

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