Why did you issue summons to Nitish,HC asks ACJM

Hearing a petition filed by Yogendra Prasad Yadav,an accused in the case related to killing of a Congress activist in 1991,Justice Ajay Kumar Tripathy ordered issuance of the notice to ACJM Ranjan Kumar for summoning Kumar.

Yadav in his petition alleged that the ACJM had issued summons to the chief minister and another person despite the HC’s order staying proceedings in the case in April this year.

He argued the court must initiate contempt proceedings against the ACJM for “flouting” its previous order.

Kumar had moved the court seeking quashing of the case against him,following which the High court stayed criminal proceedings initiated against him by the ACJM.

In the petition,Ashok Singh,a resident of village Dhibar,accused Kumar of firing from a gun,leading to the death of Congress activist Sitaram Singh during the Lok Sabha elections on November 16,1991.

While summoning Kumar,the ACJM had said: “prima facie case for the offence under sections 147 (rioting),148 (rioting armed with deadly weapon),149 (unlawful assembly),302 (murder),307 (attempt to murder) of Indian Penal Code and 17 Arms Act are made out against Kumar.

However,Police in its final report had acquitted Kumar of all the charges.

Justice Sima Ali Khan while hearing Kumar’s petition seeking quashing of the criminal proceedings initiated against him in the subordinate court in Barh,had asked the ACJM to stay the proceedings and send the records to the High Court.

Khan had also ordered that soon after receiving the records from Barh court,the matter be included in the list of 20 most important cases for ensuring speedy disposal.

The HC had asked for records of the proceedings with respect to the FIR lodged by Ashok Singh with the Pandarak police station charging Nitish Kumar and others with the “killing” of Sitaram Singh.

Based on the complaint,the ACJM had summoned the chief minister and another person named Dularchand Yadav to appear before it on September 9.

Khan had stayed the summons against Nitish Kumar and Yadav issued by the Barh court on August 31.