Bihar: HC slams police on arrest of former AIIMS Patna Director
Patna: Show cause notices have been issued to Anil Kishore Yadav, IG (weaker section) and three other police officers by the Patna High Court, asking them why criminal contempt of court proceedings should not be carried out against them for arresting former AIIMS-Patna director Dr G K Singh despite a court stay on his arrest. Yadav who is a 1966 IPS officer, is also a former administration official of AIIMS Patna.
An HC division bench on Tuesday issued a notice against all the police officers while in the process of hearing Dr Singh’s petition .
Citing the names of the other three officers as DIG-CID Vinod Chaudhary, IO (investigating officer) Kamlesh Singh and SC/ST police station SHO Ramshobhit Dr Singh’s counsel B Panday explained, “. "All of them have to personally appear in the court,"
The arrest of the former Director, AIIMS came after an FIR was lodged under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act by a former senior resident of the AIIMS-Patna's pharmacology department. The FIR mentioned alleged misbehavior on the part of Dr Singh with the complainant when he requested to be given a second service extension. Dr Ajay Chaudhary, a former senior resident doctor with the institute, in his complaint with the SC/ST police station alleged the senior doctor of of harassing, abusing and thrashing him. IG (Weaker Section) had earlier confirmed the complaint , “In his FIR, Dr Chaudhary had alleged that after he was terminated from services and replaced by a junior doctor, he challenged the decision and an altercation broke out in Dr Singh’s chamber on October 15, following which he was abused and thrashed by Dr Singh.”.
Dr Singh however, denied the allegation,"I only told the complainant he could have been given extension only if his HoD made a recommendation to the effect on the basis of merit."
In response to a petition filed by Dr. Singh, the Patna Court ADJ Akhilanand Dubey on October 10 ordered "no coercive action" should be taken against Dr Singh in the SC-ST Act case.The court order was valid till November 29. Dr. Singh in the interim period retired and left for Lucknow. He returned to Patna on November 13 to attend a farewell function hosted for him. He was however arrested as soon as he reached the Patna guest house and was released a few hours later when he furnished a personal bond.
Read more at Medical Dialogues: Bihar: Former AIIMS-Patna director arrested, released on personal bond hours later .
Dr Singh in his petition to the HC has alleged the IO of the SC-ST Act case dishonoured the ADJ court's order. "At the time of arrest, Dr Singh showed his immunity certificate to the IO. But the IO tore apart the paper, repeatedly saying he had 'orders from above to arrest you'," Mr. Pandey Dr Singh’s counsel told the TOI the the court wondered about the legality of the order from the IO's senior officer.
Advocate B Pandey also told the HC, Dr Singh was arrested merely to humiliate him. "The way Dr Singh was made to move on the roads in Patna before being taken to the SC-ST police station, was atrocious. Before the arrest, he was not even allowed to take medicines or inform his family members. This was violation of human rights too," he said.
The lower court has meanwhile, rejected the anticipatory bail plea of Dr Singh on the ground that the SC-ST Act did not have provision for bail. "Even then the accused has not to be necessarily arrested. Police can now move the court concerned, seeking an arrest warrant. I don't know if police have made such a move," lawyer Pandey said. He admitted tonot being aware of Singh’s present whereabouts, though he said he would challenge the bail denial by the lower court in the High Court