Patna HC takes exception to NHRC probe

By K. Balchand

PATNA, AUG. 11. A piquant situation has developed with the Patna High Court taking exception to the National Human Rights Commission inquiry into the police atrocity against women in Senari village during a raid on the Ranbir Sena, a private army of feudal Bhumihars, about a fortnight ago.

The Division Bench headed by the Chief Justice, Mr. Justice R. S. Dhavan, maintained that a delicate situation had developed with the NHRC too starting its inquiry despite the fact that the matter was sub judice. The Bench said the NHRC Act restrained the Commission from investigating any issue which was under court consideration.

The High Court had the matter investigated by the District Judge of Jehanabad, who submitted his interim report on Monday last. The Bench said that it refrained from passing any order to avoid a conflict or duplication of work.

The Bench was of the view that it was not in favour of issuing any directive to the NHRC to stop its probe. It also noted that the National Women's Commission had also decided to look into the matter. It was the State Government's duty to inform the NHRC that the matter was sub judice pending disposal by the Patna High Court and, accordingly, expected the Advocate-General, Mr. S. A. Narain, to assist the court on Monday on how it should proceed.

The court said that it would dissociate itself from the issue if it found that the NHRC was going ahead with its inquiry, under the present circumstances. It decided against directing the District Judge of Jehanabad to submit his final report.

The Bench, however, placed on record the interim report and stressed that the immediate action had helped bring out the truth. The report maintained that there was prima facie evidence of police atrocities against the women and added that the police FIR was far from the truth.

About 39 women were injured in the police lathi charge in Senari village when it sought to arrest those named by one of the culprits involved in the killing of 34 Dalit and backward people, mostly women and children, in Mainpur village in Aurangabad district in June last.

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