Raid on TOI journalist: Bihar human rights commission seeks DGP, Nawada SP's reply

PATNA: Bihar human rights commission (BHRC) has issued notices to state DGP Abhayanand and Nawada district SP Lalan Mohan Prasad, seeking their response within two weeks on two news reports which "reveal a concerted attempt on the part of Nawada police to undermine the dignity of a lawyer and the primacy of the judiciary" and "to muzzle the press for bringing the matter in public domain".

Taking suo motu cognizance of "Judge proposes, cop disposes" and "Journalist raided after news on SP thumbing nose at judiciary", front-paged in TOI-Patna on February 26 and 28, BHRC chairman Justice (retd) S N Jha said the contents of the news reports were "quite disturbing". The police action "ex facie deserves to be deprecated and disapproved as being violative of right of free speech and expression and, also, right to information which are facets of human rights," he stated.

'Judge proposes, cop disposes' highlighted the Nawada SP's failure to execute a non-bailable warrant (NBW) of arrest against an SHO, Vindhyachal Prasad, for the last three months. The NBW was issued in connection with lawyer Mehboob Alam's complaint petition in the court of Nawada CJM.

Alam's petition alleged he was wrongfully arrested, assaulted and robbed by SHO Prasad when he had gone to the Muffasil police station to lodge an FIR in connection with alleged assault on an imam of a mosque. The next day, the SHO allegedly tied a rope around the lawyer's waist and paraded him in the court, much to the indignation of lawyers, the petition alleged.

Taking cognizance of the case, the CJM issued summons to the SHO. The SHO did not respond, and the CJM on November 22 last year issued an NBW against him.

However, SP Prasad has been sitting on the NBW despite two reminders from the CJM to execute it. SHO Prasad was in between shifted to Rajauli police station.

The day the news report appeared, SP Prasad called up TOI's Patna office and expressed anger at the audacity of journalist S B Sinha to file a "concocted story". The SP was advised to send a rejoinder, which he did not.

Instead, he reportedly ordered his men to arrest the journalist "by hook or by crook" the same day. As Sinha came to know about it, he submitted an informatory petition in the court of CJM and civil SDO, fearing arrest in a fabricated case.

The same day SHO Prasad was shifted from Rajauli police station to the Police Lines on the order of Magadh range DIG N H Khan.

The next day — on Wednesday — around 8.30pm, a police team raided Sinha's house at Warisaliganj in Nawada district and asked if he was still running a fertilizer shop for which his late mother was issued a licence. "I explained the details and a satisfied raiding team returned after stock verification," Sinha said.

SP Prasad late on Wednesday night told TOI the raid was carried out after he got information that Sinha was running a PDS shop despite being a professor which, he said, was illegal. "Later, it turned out to be a fertilizer shop," he said.

Asked if he had received any complaint, he said he had been "told by agriculture waale (officials)". Asked if the police team found evidence to substantiate the accusation, he replied, "Yeh toh anusandhan ka vishay hai."

A terrorized imam has since fled from the district while lawyer Alam has now threatened to go on hunger strike to seek justice. Incidentally, SP Prasad was earlier a DSP in CM Nitish Kumar's security.

(2013-03-01/indiatimes)