Patna High Court | SabrangIndia

Bihar to set up Detention Centre outside jail premises

Tue, 31 Aug 2021 04:29:51 +0000

Image Courtesy:thehindu.com

The Bihar government has informed the Patna High Court that it will be setting up detention centres outside jail premises. The bench led by Justice Sanjay Karol and also comprising Justice S Kumar perused an affidavit filed by the state government which stated that within the campus of Bihar Institute of Correctional Administration, Hajipur a detention centre has been earmarked under Chapter 2.6 of Model Detention Centre/Holding Centre/Camp Manual, 2019. Bihar Institute of Correctional Administration, Hajipur is a training institute for prison and correctional services officers and employees.

Accordingly, Inspectorate of Prisons and Correctional Services, Patna ordered and intimated for establishment of detention centre within the campus of Bihar Institute of Correctional Administration, Hajipur as temporary detention centre.

The court was informed vide an affidavit filed by the state government, the details about the communications that led to the order to set up the detention centre, the bench however remarked that the affidavit was vague in terms of time frame of setting up the detention centre and whether this temporary detention centre will be equipped with the requisite minimum infrastructure as per Chapter 4 of the Model Detention Centre Manual 2019. The court has thus sought a fresh affidavit to clarify the same.

The court has also asked the state to inform it about the steps taken for sensitising the general populace of Bihar to make them aware of the mechanism in place for identification and deportation of the persons suspected to be illegal migrant, more so from Bangladesh and the fact that such persons are required to be immediately deported for their entry in India and further that their custody is required to be immediately handed over to the Nodal Officer, Government of West Bengal. The court held that deportation of illegal migrants is of paramount importance and in national interest and called for people along border areas to be sensitised for the same, as also associating NGOs to this cause.

The court has also sought to know from the state whether there is any mechanism in place to furnish such information about illegal migrants, online. It also seeks to know whether Authorised Officers under the Foreigners Act, 1946 Act are verifying the record and monitoring the movement of any unauthorised persons or not.

During the hearing held on April 26, the state government had informed the court that the illegal migrants have been housed separately in jail premises itself, to which the court had retorted saying, “Detention Centre cannot be created inside the jail premises, rather it should be created in terms of the instruction given by the Central Government giving detail the manner the State has to create Detention Centre, so it is primary duty to create Detention Centre with that terms.”

Background

Two Bangladeshi migrants Marium Khatoon @ Mariyam Parveen and Ms. Mausmi Khatoon, were arrested from Patna Railway station a few years ago and have been kept in an After Care Home, without any criminal case being lodged against them.

The court was informed by Additional Solicitor General of India, Dr. KN Singh that a letter had been sent to the Bangladeshi Embassy for their repatriation, but no response was received. While the counsel for the State submitted to the court that the petitioners were being kept in After Care Home called Nari Niketan in proper manner and there is no such complaint that they are being kept in very bad manner, the counsel for the petitioners pointed out that he was not allowed to take Power (power of attorney) from the petitioner. Thus, the court found it necessary to ensure that the petitioners are treated in a good manner and constituted a team of three Advocates; one male Advocate and two female Advocates, to know about the fact that in what manner they are being kept in After Care Home.

The amicus curiae, Ashish Giri, submitted to the court that such illegal migrants cannot be kept in the After Care Home for a longer but, they should be shifted in Holding Centre or Detention Centre. This is where the discourse for detention centres Patna arose and now, as per the government’s order, a temporary detention centre will likely be set up soon.

However, the court has raised its apprehensions on what kind of facilities will these temporary detention centres have, and has sought more information from the government on the matter.

The case will next be heard on September 4.

It is pertinent to note that apart from Assam where there are six functional and at least one more under-construction detention centres for illegal migrants, such facilities are being planned and constructed in Uttar Pradesh, Karnataka and even West Bengal. The state of Maharashtra shot down its plans for setting up a similar facility.

Detention Centre Manual 2019 released by the Union Ministry of Home Affairs (MHA) gives details on how states should go about setting up detention centres and what facilities should these centres have. However, this document has not been publicly released yet.

The complete order may be read here:

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No detention centres inside jail premises: Patna HC

Mon, 26 Jul 2021 04:03:48 +0000

Image Courtesy:news18.com

During the hearing on April 7, the Division bench of Justices Shivaji Pandey and Partha Sarthy of the Patna High Court asked the Centre to apprise the court of what measures are taken when the native country is not ready to take back illegal migrants. When the amicus curiae informed the bench that illegal migrants are supposed to be kept in detention centres, the court directed the state government to file an affidavit on whether any such detention centre has been created by the state government for illegal migrants.

Background

The court directed them to visit the Home on April 10 and directed that during such interaction with the petitioners, there will be no intervention from any official or any person. The court emphasized that any intervention would be taken seriously and the court will issue contempt against any such person.

The amicus curiae, Ashish Giri, submitted to the court that such illegal migrants cannot be kept in the After Care Home for a longer but, they should be shifted in Holding Centre or Detention Centre. The court then directed the state government to inform whether any such detention centre has been set up to deal with illegal migrants found in Bihar. The court had also sought response from the Central government on the status of their communication with Bangladeshi Embassy for repatriation of the petitioners and also sought response on how illegal migrants are to be dealt with if the native country is not ready to accept them back.

The April 7 order may be read here:

During the hearing held on April 26, the committee of the three lawyers submitted their report, in which it was mentioned that the migrants did not raise any grievance of bad treatment and are being provided with basic right to food, cloth and shelter as well as medical assistance. The report also stated that with the exception of Marium Khatoon, the rest of them want to return to their homeland after proper assistance and approval from the government. Khatoon wishes to be rehabilitated in India itself.

About detention centres in the state, the government in its affidavit stated that in jail premises itself the migrants have been kept separately, so that should be treated as a Detention Centre and also an effort is being made to create a Detention Centre inside Beur Jail.

The court, dissatisfied with this response, said, “Detention Centre cannot be created inside the jail premises, rather it should be created in terms of the instruction given by the Central Government giving detail the manner the State has to create Detention Centre, so it is primary duty to create Detention Centre with that terms.” The court then sought a more detailed response from the state on this matter.

It is pertinent to note here that all the 6 detention camps in Assam which house ‘declared foreigners’ operate out of makeshift facilities in local prisons and function as per provisions laid down in the Assam jail manual. These are located in Goalpara, Tezpur, Kokrajhar, Dibrugarh, Silchar and Jorhat.

When the Ministry of Home Affairs (MHA) failed to respond to the court’s query, the court warned that if a proper affidavit is not filed, contempt will be issued against the concerned official.

While concluding the order, the court observed, “As it is a very serious matter that three Bangladeshi girls entered into India and they are being kept in Nari Niketan, not in Detention Centre. As the Government of Bihar has failed to create Detention Centre.”

Therefore the court ordered, “A detailed affidavit should be filed by the Union of India especially by the State of Bihar with respect to creation of Detention Centre for foreign national.”

The April 26 order may be read here:

It is pertinent to note here that in January 2019, the Ministry of Home Affairs (MHA) had issued “Model Detention Centre/ Holding Centre Manual” to all state governments and Union Territories for implementation and compliance. While the document has not been made public, the responses provided to the questions asked during Parliament sessions give insight into what this document entails.

On July 16, 2019, in response to questions raised by TN Prathapan, the MHA elaborated on the provisions of the ‘Model’ detention center manual saying, “The Ministry of Home Affairs has issued a ‘Model Detention Centre/Holding Centre/Camp Manual’ for implementation and compliance. The Model Detention Centre Manual, inter-alia, prescribes the amenities to be provided in the Detention Centres to maintain standards of living in consonance with human dignity including electricity with generator, drinking water, hygiene, accommodation with beds, sufficient toilets/baths with provisions of running water, communication and medical facilities, provisions for kitchen and recreational facilities.”

In another response on July 24, 2019 the MHA additionally stated that the manual “also provides for provision of properly segregated accommodation for male and female detainees, deployment of adequate lady security staff commensurate with the requirement of women detainees, special attention to the women/ nursing mother etc. It has also been provided that members of the same family should not be separated and all family members may be housed in the same detention centre.”

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Patna High Court acquits 13 previously convicted in the Senari massacre

Tue, 25 May 2021 08:28:43 +0000

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The Patna High Court on May 21, 2021 acquitted 13 persons, accused in the infamous Senari massacre case, due to lack of evidence against the group. The acquittals have disappointed villagers, whose family members were killed in the incident, reported The Hindustan.

In November 2016, the Jehanabad Court convicted and awarded death sentences to 10 accused persons and life imprisonment to another three persons accused of killing 34 persons on March 18, 1999 in central Bihar.

Even then, the district court acquitted 23 accused persons due to lack of evidence while four accused died. As of Friday, Justices Ashwani Kumar Singh and Arvind Srivastava acquitted even those 13 people citing “lack of evidence.”

The High Court said that the prosecution failed to provide convincing evidence against the accused. This means that despite a police report citing information provided by Chintamani Devi, the wife of a victim, the accused Bacchesh Singh, Buddhan Yadav, Butai Yadav, Satendra Das, Lallan Pasi, Dwarika Paswan, Kariban Paswan, Godai Paswan, Uma Paswan, Gopal Paswan, Arvind Yadav, Mungeshwar Yadav and Vinay Paswan were recently released from jail.

According to the newspaper Hindustan, the lower court had sent all records including the verdict and evidence of the sentence to the High Court following an appeal by the now acquitted. However, the High Court held that the evidence of the prosecution did not match each other. Further, it said that the process of identification of the accused is not correct because witness identification in the court does not count as concrete evidence.

What is the Senari massacre?

The Senari incident was the last of a series of case-related massacres wherein the banned Maoist Communist Centre (MCC) and upper caste organisations such as the Ranbir Sena were suspected to be involved.

As many as 34 people belonging to the upper-caste Bhumihar community were killed at Senari village that now falls in the recently-formed Arwal district. The police registered a case in Karpi police station based on the statement of Chintamani Devi who has since passed away during the trial.

The people who died during the attack were: Madhukar Kumar, Omprakash alias Rohit Sharma, Bhukhan Sharma, Neeraj Kumar, Omprakash, Rajesh Kumar, Sanjeev Kumar, Raju Sharma, Jitendra Sharma, Virendra Sharma, Sachithanand Sharma, Lalan Sharma, Awadhesh Sharma, Kundan Sharma, Dhirendra Sharma, Amresh Kumar, Ram Dayal Sharma, Satyendra Kumar, Upendra Kumar, Vimlesh Sharma, Parikshit Narayan Sharma, Ramnaresh Sharma, Chandrabhushan Sharma, Avadhkishore Sharma, Sanjeev Kumar, Shyamnarayan Singh, Nandlal Sharma, Ramslog Sharma, Jwala Sharma, Pintu Sharma , Rampravesh Sharma, Ranjan Sharma, Jitendra Sharma, Virendra Sharma.

Villagers in mourning

Following the decision of the Patna High Court, families of victims as well as residents of nearby Khatangi, Manjhiyawan, Odhbigha and other villages have expressed anguish. The region has attained peace by working together and strengthening relations for the last 15 years, said the Hindustan.

However, villagers denounced the recent order demanding that the government take the matter to the Supreme Court until the accused will be punished. Other cases in the series of massacres were taken to the apex court until justice was declared, said kin of victims.

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Death due to lack of timely medical aid is a violation of right to life: Patna HC

Thu, 13 May 2021 06:23:15 +0000

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The High Court has asked for an affidavit from the District Commissioners of Kaimur and Buxar, Bihar with regards to disposal of the dead bodies found floating in the river Ganga in the midst of the second wave.

“The affidavit of the Commissioner of the District Buxar and Kaimur with regard to disposal of the bodies found flowing in the river Ganga be positively filed within next two working days”, read the order.

The Division Bench of Chief Justice Sanjay Karol and Justice S Kumar have also issued directions while observing that “the government hospitals, medical officers are duty bound to extend medical assistance for preserving human life. Failure on the part of a government hospital to provide timely medical treatment to a person in need of such treatment results in a violation of his right to life guaranteed under Article 21.”

Article 21 imposes an obligation on the State to safeguard the right to life of every person and preservation of human life is thus of paramount importance, said the Bench.

Covid in rural areas

Through its order on May 10, the court had expressed its desire to take stock of things in the rural areas of Bihar. They asked for a report from the State. In response to that, the State, through Vikas Singh, Senior Counsel, expressed its reservation, submitting that “perhaps, we may exceed our jurisdiction to be a matter falling purely within the executive domain.”

But the court rejected this argument put forth by the government. “We are afraid it is not so, for as a Constitutional Court collectively, we hold the responsibility to ensure that the State’s people, regardless of their geographical location, do get timely aid ensuring no loss of human life purely on account of lack of medical health infrastructure,” said the Bench.

It further clarified that it is not venturing into a roving enquiry but is just seeking information only in the context of “peculiar geographical and demographical diversity of the State of Bihar, which has a landmass of 94,163 square kilometre with River Ganga freely passing through with almost seven tributaries, flowing both from north and south, making it a delta of the Gangetic plain. During monsoons, all low-lying areas, North of Bihar, especially in the Mithila area, are often inundated.”

Looking at the district wise breakup of the population living in urban and rural areas in the state, the Court opined that the same revealed that almost 90 percent of the population reside in rural areas.

“It is not that Coronavirus affects only the urban population. It is also not that it does not affect rich or the poor living in the rural areas. Infrastructure right from testing up to isolation must exist in the rural areas, more so in view of anticipation of the third wave, as per the experts of the Government of India, which is likely to come soon,” opined the court.

The court also believed that there is no data that indicates the actual death rate in Bihar in the second wave. “Any death, more so, in the rural areas for lack of access to a medical facility, including testing in a violation of fundamental right,” it ruled.

Directions issued

Reiterating the importance and significance of shifting the focus to the rural areas so as to ensure that no individual is deprived of the medical health infrastructure, the court stated the following:

1. The government hospitals run by the State and the medical officers employed therein are duty-bound to extend medical assistance for preserving human life. Failure on the part of even private hospitals to provide timely medical treatment to a person in need of such treatment results in a violation of his right to life guaranteed under Article 21.

2. The public representatives nominated vide Notification dated 1st of May, 2021 issued by the Additional Chief Secretary, Govt. of Bihar as also the functionaries of the State under the Registration Act, Municipal Act and the Panchayat Act shall take all steps ensuring implementation of the Government policies, including immediate registration of deaths, more so in the rural areas of Bihar.

3. The State Government is hereby directed to take all necessary steps for proper implementation of the CRS, and responsibilities enunciated for units of local government under the Registration Act as also the Panchayat Act. All deaths must be reported within 24 hours.

4. Municipal authorities are directed to take steps for proper collection, treatment and disposal of waste generated from COVID patients in home isolation.

5. The Ministry of Health, Government of India/appropriate authority shall, to the extent possible, favourably consider the request forwarded by the State vide communication dated 7th May, 2021 seeking enhancement of the quota of oxygen cylinders.

6. The Chief Secretary, Government of Bihar shall file a fresh affidavit, furnishing complete information in a format (tabular chart) prepared by all the learned counsel in terms of our direction. Needful be positively done within next four working days, failing which, we shall be constrained to ask him for joining the proceedings through a digital mode.

The matter will be heard on May 13.

The order may be read here:

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Patna HC asks gov’t how to deal with illegal migrants if not deported

Thu, 22 Apr 2021 04:17:09 +0000

The Patna High Court has asked the Centre to apprise the court of what measures are taken when the native country is not ready to take back illegal migrants. When the amicus curiae informed the Division bench of Justices Shivaji Pandey and Partha Sarthy that illegal migrants are supposed to be kept in detention centres, the court directed the state government to file an affidavit on whether any such Centre has been created by the State Government for illegal migrants.

Two Bangladeshi migrants Ms. Marium Khatoon and Ms. Masumi Khatoon were arrested from Patna Railway station and were kept in a facility called After Care Home in Patna for many years. However, no case was registered against them for being illegal immigrants.

Additional Solicitor General KN Singh stated that a letter has been sent to the Bangladesh embassy for their repatriation but there has been no response. Further, the Additional Advocate General appearing for the state, PK Verma submitted that they are being kept in After Care Home in proper manner and there is no such complaint that they are being kept in very bad manner.

The court ordered that a team of one make and two female advocates be formed to find out the condition of these migrants in the After Care Home by interacting with them. The court warned that during this conversation no official of the care home should be present and if the court is informed of any kind of intervention, contempt proceedings will be initiated against erring officials. “The officials of the After Care Home should not coerce the aforesaid Bangladeshi migrants to give answer in their narrative but, the exchange of view will be without any fear and pressure but, in a fair manner,” the court directed. The court has asked the team to visit the home on April 10 and submit the report within a week in a sealed cover.

The amicus curiae, Ashish Giri submitted that they cannot be kept in the After Care home for a long time and they should be shifted to a Holding Centre or Detention Centre as per the direction of the Central Government. The court directed the state government to file a counter affidavit about creation of a Holding Centres or Detention Centre for the illegal migrants. The court also directed the central government to file an affidavit giving the present status of their interaction with Bangladeshi Embassy for repatriation of the two migrants, and also apprise the court in what manner the issue of illegal migrants is being dealt with where the where the native country is not ready to accept their respective citizen.

The complete order may be read here:

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No action plan to tackle Covid crisis, Patna HC expresses displeasure at State

Wed, 21 Apr 2021 13:58:29 +0000

Image Courtesy:nationalheraldindia.com

The Patna High Court has expressed its “strong displeasure” over the absence of any comprehensive action plan of the State Government to tackle the ongoing pandemic. Due to this mismanagement, the court has sought the intervention of the Bihar Human Rights Commission.

Justices CS Singh and Mohit Kumar Shah have highlighted that inaction of the State in providing adequate health care to its citizens, particularly during the prevailing Covid-19 situation is violative of Right to Life under Article 21 of the Constitution of India.

“At this stage we reiterate our view, as expressed in our earlier orders, to the effect that any inaction on the part of the State, within the meaning of Article 12 of the Constitution of India, in providing adequate health care to its citizen, particularly during the prevailing COVID-19 situation, would be violative of right to life under Article 21 of the Constitution of India”, said the Bench.

The Court also cautioned the State over allegations of shortage of oxygen supply. It said, “Serious issues have been raised about deaths taking place in various government and private hospitals because of lack of supply of oxygen. This Court cannot overlook such aspects if such allegations are true as it directly relates to a citizen’s fundamental right. If the Court reaches a conclusion that COVID patients have been or are being allowed to die because of lack of oxygen supply, the Court exercising its power of judicial review will surely intervene and pass appropriate orders in this regard.”

To handle the situation in the State, the court has directed the State Human Rights Commission to conduct surprise inspections of Dedicated Covid Hospitals (DCHs), Dedicated Covid Health Centers (DCH) and care centres to find out if adequate facilities are available in these centres and a desired level of sanitation and cleanliness is maintained.

The court further directed, “The Secretary, BHRC shall be required to submit his report of inspection of NMCH by Wednesday (21.04.2021). He is further directed to join the Court proceedings on 21.04.2021 at 4.30 p.m., a link of which shall be sent to him by the Registry.”

The High Court also observed that some extra medical staff will be deployed in hospitals in Patna for better management. It said, “In our previous orders, we had noticed acute shortage of beds in and around Patna in various hospitals, with adequate facilities, for treating serious COVID patients. We had directed the state respondents to ensure that ESIC Hospital at Bihta starts functioning immediately. We have been informed by Dr. K.N. Singh, learned Additional Solicitor General for India that five doctors, fifteen nursing staff have reached ESIC Hospital at Bihta and more doctors and nursing staff from Armed Forces are likely to be deputed in the said hospital soon.”

The Bench has also asked the Executive Director, State Health Society to inform the Court about the process of disposal of Covid testing kits in private labs, syringes used for vaccination, PPE Kits and masks.

The High Court noted that an officer of the Patna High Court died of Covid because oxygen was not available in the hospitals. Intending to take this matter as an example to examine whether Court’s intervention is needed or not, the Bench has directed the Registrar General, Patna High Court to submit an “exhaustive report to this Court explaining in detail the circumstances in which the said officer of the High Court died.”

Earlier, the High Court had held that the government failed “to keep the people of Bihar informed about availability/ non-availability of health care facilities in the State.” It noted that the State had failed to conduct sufficient tests and that the data provided by it were contradictory. Although the Bihar government’s data provides that huge numbers of beds are available with oxygen, the court observed that there is a critical shortage of medical oxygen in the State. It remarked, “This contradiction has remained unexplained”, reported SabrangIndia.

The order may be read here:

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Gov’t data about available Covid beds, oxygen, medicines contradictory: Patna HC

Tue, 20 Apr 2021 12:49:14 +0000

Image Courtesy:timesofindia.indiatimes.com

The Bihar High Court has taken note of the grave situation in the State, expressing concern over the management of the Covid-19 surge. A Division Bench comprising Justices CS Singh and Mohit Kumar Shah has held that the government has failed “to keep the people of Bihar informed about availability/ non-availability of health care facilities in the State.”

It noted that the State has also failed to regulate testing of people who are arriving in the State from other States. Accordingly, the court has directed the government to step up the pace of RT-PCR tests.

The Bench sternly remarked, “Minimum what is expected of the State-Respondents is to take all possible measures so as to ensure that persons coming from outside the State are either made to undergo rapid antigen test or they are able to show on the basis of the test reports available with them that they are not COVID positive. In case a person is found to be Covid positive, steps should be taken to ensure that he can reach a designated place for isolation or treatment with adequate and desired care and caution.”

It has also directed the Government to submit a report regarding the available manpower and other infrastructure at Covid Care Centres and Dedicated Covid Health Centres in the State.

Further, the Bench has pulled up the Health Department of the State for false representation of available beds in the State, especially Patna. It said, “On the one hand the Covid patients are running helter-skelter for admission in Covid Care Centres/Dedicated Covid Care Centres/ Dedicated Covid Hospitals, the figures presented by the Health Department represent that a large number, rather, most of the beds available for Covid patients are unoccupied…..No acceptable logic is coming forth to explain this startling phenomenon, as admittedly the patients in the state are being denied admission because of unavailability of beds, though, lack of awareness among affected people about availability of such facilities in all the Districts of the state is being cited as one of possible reasons why there is mad rush to Patna hospitals out of a sense of fury.”

The Patna High Court was informed that on an average 40,000 RT-PCR tests are being done in the State every day. There are reportedly 18 laboratories in different medical colleges in the State which have the machines to conduct RT-PCR tests. In addition, five private laboratories have been granted permission to conduct such tests.

To this the court said, “The State Government is directed to ensure that at-least in these three districts, namely, Motihari, Purnia and Munger, the laboratories start functioning to enhance the number of tests… The Court expects the respondents to step up the speed/pace of RT-PCR tests in the State.”

Although the Bihar government’s data provides that “huge numbers of beds are available with oxygen”, the court observed that there is a critical shortage of medical oxygen in the State. “This contradiction has remained unexplained”, further remarked the Bench.

Finally, the court also took judicial notice of acute shortage of Remdesivir injection in the State and its consequent illicit trade in black market at a staggering price. It said, “This is a matter of serious concern and the Court shall be constrained to pass appropriate orders if no befitting action is found to be taken by the State Government in this regard.”

As per many media reports, many Bihar hospitals have been facing shortage of beds because of which patients are being turned away. Government hospitals in Patna have a total of 359 beds, while private hospitals have 832 beds assigned for Covid patients which is inadequate because as many as 18,466 people in the State have tested positive in the last seven days and over 50 have died. An administrative manager of a city hospital also added, “We have had to turn away several patients as no beds are available. We feel sorry for them, but are helpless,” reported The Hindu.

In an attempt to break the chain of transmission, the Bihar government has imposed a night curfew in the state from 9 pm to 5 am and all schools, colleges and other educational institutes have been ordered to remain closed till May 15.

The order may be read here:

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Woman directly moves SC due to Patna HC’s high pendency rate

Mon, 15 Feb 2021 12:04:24 +0000

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A plea has been filed before the Supreme Court drawing the Court’s attention to the issue of huge pendency of matters and non-listing of cases before the Patna High Court, reported LiveLaw. The petition has been drawn by Advocate Kamlesh Kumar and filed by Advocate Kabir Dixit on behalf of the petitioner.

The petition filed by the woman seeks protection against the harassment being faced by her on part of some musclemen in the village. According to her, the accused attempted to outrage her modesty and rape her thereby seriously injuring her and have continued harassing her since then.

According to the legal website LiveLaw, the petitioner has approached the Supreme Court instead of the Patna High Court on account of the “conditions with regard to listing of the matters” in the High Court where the urgent nature of regular and anticipatory bail is not getting listed for several months. According to the petitioner, the huge pendency of the cases and their non-listing is partly due to the manner of functioning but largely because of the huge vacancy of Judges in the Court.

The petitioner, who is a woman residing in a remote village of District, has alleged molestation and misbehaviour on part of some musclemen in the village. The horrific state of affairs has been highlighted by the petitioner as the musclemen who had allegedly harassed her have now closed the roads to her house and compelled other people to ostracise her as an intimidating tactic to withdraw the FIR. She was forced to leave her village.

She has further alleged that despite making a complaint and getting the medical examination done on the very same day when the accused persons allegedly attempted to rape her back in 2014, no FIR was registered against the miscreants. Eventually, even after the FIR was registered, none of the accused were arrested by the local police albeit instructions to do so were issued by the Superior Officer.

She contended that she has been forced and coerced by the accused in every way, so much so that in November, last year the only public road leading to her house was closed down, resulting in immense trauma and pain apart from utter difficulty in transportation and daily needs, reported LiveLaw.

She also wrote to almost every agency of State and a representation was also made to the highest placed officials in the State but it apparently bore no results. Hence, she approached the top court to issue direction to the authorities to ensure that she is accorded with appropriate protection against all kinds of harassment and to ensure removal of the blockage towards her house.

LiveLaw also reported that the petitioner has prayed for a direction to the concerned Station House Officer to lodge an FIR for blocking the way towards her house and complete the investigation in a time bound manner.

SabrangIndia had reported on the Budget session of 2021, where the Law Ministry had informed the Lok Sabha that the pendency of cases in High Courts has increased from over 45 lakh in January 2020 to over 56 lakh pending cases as of January 2021 which is roughly a 25% spike.

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