The Hindu : National : Showcause notice to police on lawyer's arrest

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Wednesday, Sep 08, 2004

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National

Showcause notice to police on lawyer's arrest

By a Correspondent

RANCHI, SEPT.7. The Jharkhand High Court today issued a showcause notice to the State police for arresting one of its senior advocates, P. P. N. Rai. The court subsequently granted bail to Mr. Rai and ordered his immediate release from police custody. Mr. Rai, it is said, was arrested by the CID on a charge of producing a "fake court order" to the jail administration to ensure the release of his one of the clients in the Hazaribagh jail.

Acting on the bail petition, the court of Justice Tapan Sen issued the showcause notice to the Additional Director-General of Police (CID), J.B. Mahapatra, and others. It said that the police action was unethical.

The Advocate-General, A.K. Sinha, who is supposed to argue cases on behalf of the Government, argued against the police action.

In its FIR, the police said that Mr. Rai had produced a "fake release order" contending the accused had already been in prison for 14 years, three months and 27 days and that he was liable to be freed.

The Advocate-General challenged the police action and submitted that the son of the accused, Anant Kumar Singh, was the actual culprit in the forgery case and that Mr. Rai was innocent.

Later, talking this correspondent, Mr. Sinha said that as per the Section 340 of the Cr.P.C., the police were not empowered to arrest anybody in such cases without obtaining the due directives from the court concerned.

The local Bar Association staged a dharna on the High Court premises condemning the police action and demanded immediate action against the police officials involved.

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