Summons issued to Bihar Chief Secretary and DGP
The Commission has issued notice to the Chief Secretary and the Director General of Police, Government of Bihar, summoning them to be present in person before the Commission on 27 February 2000, in relation to the case of an ex- Bihar Minister of State for Co-operation, who had allegedly illegally detained and tortured a truck driver and his helper.
The Commission had taken suo-motu cognizance of this matter on the basis of a media report published under the caption "Bihar Minister turns Sadist-Driver’s nails plucked out, forced to drink urine". It had issued notice to the Government of Bihar on 11July 2000 asking it to intimate the progress in the investigation of the criminal case registered against the ex-Minister. It had also asked the State Government to `show cause’ as to why `immediate interim relief’ by way of monetary compensation be not granted to the two victims by the Government.
The Government of Bihar had informed the Commission that the allegations made in the media reports were true. A case had been registered under the IPC and the SC/ ST Crime Prevention Act. Both the victims had been paid Rs.1000/- each for their treatment and in addition Rs.50,000/- would be paid to the truck driver. Of this amount, 25% had already been paid to the driver. The remaining Rs.37,500/- would be paid after the conviction order was passed by the lower court. However, the State Government reported that they had not been able to arrest the accused persons, as they were not traceable.
The Commission found it strange that Shri Lalit Yadav, the ex-Minister and Shri Vijay Rai, the other accused in the criminal case, had been shown to be absconding. In its view, the inability of the State Police force to locate a person who till recently had been a Minister in Bihar was, to say the least, surprising and indicative of deliberate inaction on part of the State Police force. The delays in replying to the Commission’s notice and in complying with the directions of the Commission, made the situation even worse.
The Commission was also surprised to note that the former Minister still continued to be a member of the Legislative Assembly of the State. In such a situation, the Commission found it difficult to comprehend as to how the police department in the State was not able to apprehend and produce him before the court.
In view of this, the Commission required the presence of both the Chief Secretary and the Director General of Police, Bihar for interaction on 27.2.2001, unless the accused was apprehended and produced before the court in the meanwhile.
The Commission had taken suo-motu cognizance of this matter on the basis of a media report published under the caption "Bihar Minister turns Sadist-Driver’s nails plucked out, forced to drink urine". It had issued notice to the Government of Bihar on 11July 2000 asking it to intimate the progress in the investigation of the criminal case registered against the ex-Minister. It had also asked the State Government to `show cause’ as to why `immediate interim relief’ by way of monetary compensation be not granted to the two victims by the Government.
The Government of Bihar had informed the Commission that the allegations made in the media reports were true. A case had been registered under the IPC and the SC/ ST Crime Prevention Act. Both the victims had been paid Rs.1000/- each for their treatment and in addition Rs.50,000/- would be paid to the truck driver. Of this amount, 25% had already been paid to the driver. The remaining Rs.37,500/- would be paid after the conviction order was passed by the lower court. However, the State Government reported that they had not been able to arrest the accused persons, as they were not traceable.
The Commission found it strange that Shri Lalit Yadav, the ex-Minister and Shri Vijay Rai, the other accused in the criminal case, had been shown to be absconding. In its view, the inability of the State Police force to locate a person who till recently had been a Minister in Bihar was, to say the least, surprising and indicative of deliberate inaction on part of the State Police force. The delays in replying to the Commission’s notice and in complying with the directions of the Commission, made the situation even worse.
The Commission was also surprised to note that the former Minister still continued to be a member of the Legislative Assembly of the State. In such a situation, the Commission found it difficult to comprehend as to how the police department in the State was not able to apprehend and produce him before the court.
In view of this, the Commission required the presence of both the Chief Secretary and the Director General of Police, Bihar for interaction on 27.2.2001, unless the accused was apprehended and produced before the court in the meanwhile.