'Starved, Abused': Lawyer Alleges Police Brutality in Patna Amid CJP Protests

Four days in jail, attempt to murder charge: Lawyers in Patna allege police accesses amid CJP protest.

'Starved, Humiliated': Lawyer Alleges Police Excesses in Patna Amid CJP Protests

(Photo: The Quint)

"We were constantly told that there were no orders from the higher-ups to release us. Should police officers work as per orders or as per the law and protocols?" asked advocate Ankit Kumar, after spending xx days in jail at Patna's Gandhi Maidan police station.

On the morning of 25 July, Kumar, along with advocate Mohammed Arman, left their homes to provide legal assistance to all those planning to participate in the 'Bihar Bandh' called by the All India Students' Association (AISA) and other student bodies in support of the Cockroach Janta Party (CJP) movement.

By the next day, both found themselves in the prison cell of Gandhi Maidan police station, with a First Information Report (FIR) invoking Section 109 (attempt to murder) against them, among several other charges.

Kumar and Arman were among 145 people named in the FIR and among 400 people arrested across Bihar.

However, unlike in several other states, where those arrested in connection with the CJP protests were released soon after the governments issued notifications withdrawing the FIRs, several police stations across Bihar allegedly delayed their release.

Booked for Attempt to Murder

Kumar claims that he was headed to his office on a bike when he saw a woman being surrounded by police officers. “As we slowed down to check, one officer came running towards us and tried to snatch our bike keys. We told them that we are lawyers practising at the Patna High Court. ‘Vakil? Daalo jail mein, sab vakeeli nikaalte hain inn logon ka’ (Lawyer? Throw them in jail. That'll knock the lawyer out of them).”

Kumar and Arman were among 145 people arrested and taken to the Gandhi Maidan police station under various charges, including Section 109 (attempt to murder) of the Bharatiya Nyaya Sanhita. Over 400 people were arrested across Bihar and have since been released following the Central government's agreement to the CJP's demands.

Kumar alleged that the police defied protocol following their detention and charged them with stringent sections without their knowledge.

“I was taken at 3.00 pm. After repeatedly requesting and arguing with them, I was given access to my phone after 9.00 pm. They said that whoever I called, I could say only three lines: ‘I have been detained at the police station, I am safe, I will return home tomorrow,’” Kumar alleged.

He further alleged that when he questioned why they were dictating what he should say, they threatened to “bury him there”.

Kumar claimed that he was able to send a message in the university alumni WhatsApp group and requested them to intervene. He then called Sarabjeet Yadav, a senior advocate at the High Court, and asked him to come to the police station. “I was yelled at by the police, who told me, ‘We only told you to inform, not to call anyone here.’”

'Will Take Legal Action'

“We were kept hungry, and weren’t even given water. We were mistreated and humiliated the entire time, an officer also said: "Sab wakeeli nikal diya na? Bhej diya na jail?" (See, we sent you to jail didn’t we? We got all lawyer out of you).

Kumar further said that the following day, when CNLU Vice Chancellor Dr Faizan Mustafa arrived at the station at 12:00 pm, they were informed that an FIR had been registered against them on the charges of attempt to murder. Kumar alleged that he was not informed by the police about his arrest and the section he was booked under, in disregard of due process.

A copy of the now defunct FIR states that the charges against the accused were made after an unlawful gathering turned aggressive towards the police, and attacked police personal with sticks and stones with the intent to kill. While the FIR was registered on 25 July at 7:30 pm, Kumar claims that he was not made cognisant of any charges against him until 12:00 pm on 26 July.

He further alleged that they were produced before the District Magistrate after 35 hours of detention, defying the legal protocol of 24 hours.

Kumar now plans to take legal action against the police.

"I am planning to file an Interlocutory Application (IA) in the ongoing cases against police brutality in the Supreme Court. If I am unable to do that, I will move Patna High Court myself," he said.

The Quint has reached out to the Gandhi Maidan police station to respond to Kumar's allegations via email and phone calls but received no response. The article will be updated if and when we receive a response.