[Manhandling of advocates] Your affairs are in a mess: Patna High Court seeks police officials' explanation regarding FIR

The Patna High Court on Monday made stinging remarks against the conduct of police officials in the State for irregularities in the First Information Report (FIR) filed relating to the manhandling of a lawyer by a police official. .The bench of Justices Rajan Gupta and Mohit Kumar Shah was hearing a suo moto Public Interest Litigation (PIL) initiated based on a letter relating to the manhandling of certain advocates by the police."Just imagine you are protecting a police official.. we don't know for what reasons. You affairs are absolutely in a mess, I must say. This is the kind of treatment you are meting out to advocates", the court remarked. .The bench made the observations being surprised by the name of the main accused - police official not appearing in the FIR, despite the fact that it was mentioned in an earlier counter affidavit filed by the State itself.An inclination to summon the Senior Superintendent of Police (SSP) was expressed by the court however, one last opportunity was granted to the respondents to explain their exact position. In this regard, the Investigating Officer (IO) was asked to appear in-person on the next date..During the hearing, the court was informed by the Amicus Curiae that the FIR was not filed against the named accused, one Lal Bahadur Yadav, but was simply against "ek purush (one man)"."It depicts absolute insensitivity on the part of the police, and a brazen act on the part of the police. This is very bad. You are the state and not obeying the law", the division bench said..Further, the respondents were warned that if the state agencies do not act in a proper manner, the Central Bureau of Investigation (CBI) would be asked to take over the matter. "When state agencies do not act in a proper manner, we have to call on other agencies. You have your local politics.. and do whatever you like. We'll ask the CBI to come into the picture.".The case will be taken up next on 21 September, 2022..The court had, on the previous occasion, sought a response from the police regarding lapses in filing an FIR for the alleged assault of one Advocate Saket Gupta by a police official Lal Bahadur Yadav.The bench had also clarified previously that should it come to the conclusion that police was not inclined to initiate any action against the official, it shall consider handing over the enquiry to an independent agency..[Read Order]