Prashant Kishor sent to jail without custodial warrant, claims lawyer

Patna: The controversy surrounding the detention and subsequent attempted imprisonment of Jan Suraaj Party President Prashant Kishor by the Patna police has drawn sharp criticism from his advocate, Amit Kumar.

He alleged that the Patna police attempted to transfer Kishor to Beur Jail on January 6 without proper custody documentation.

He said that the Jail Superintendent refused to admit Kishor without the necessary custody papers.

“It was surprising that when Prashant Kishor was taken out of the court premises and taken to Beur Jail, the hearing was still ongoing inside the court. They wanted to take Prashant Kishor to Beur Jail without custody papers. The Jail Superintendent refused to keep him inside without custody papers,” Kumar said.

Kumar also raised concerns about the sections under which the case was filed.

He said that Sections 190, 191(2), 191(3), and 223 — under which Kishor has been charged — are all bailable offences.

He particularly criticised the application of Section 191(3), which pertains to rioting or possessing a weapon.

“There was not even a stick in the hands of any child. If Bihar Police considers blankets and mufflers as weapons, then Bihar Police is amazing. This was a Satyagraha; how did it become a riot?” Kumar asked.

The advocate highlighted the points included in Prashant Kishor’s bailable personal recognisance bond.

The first point was Kishor was an accused in the case, the second point was being released on bail by the court.

The third point was Kishor must cooperate with the police and appear in court if the trial proceeds and the fourth point was a penalty of Rs 25,000 would be imposed if he failed to appear or cooperate.

Kumar also questioned why Kishor, despite the FIR being lodged at the Gandhi Maidan police station, was taken directly to Beur Jail.

He claimed that during a peaceful gathering, when the mob became unmanageable, Kishor was handed a microphone to address them — an action for which another FIR was subsequently filed.

“Why does the police not tell us by which authority they took him to Beur Jail? We were not given any papers by the police. The police have just made us a scapegoat of lies,” Kumar asserted.

The detention and handling of Prashant Kishor by Patna police have sparked significant controversy, with allegations of procedural violations and high-handedness.

Retired IPS officer and Jan Suraaj Party leader Anand Mishra, along with party spokesperson Kishore Kumar Munna, have raised serious concerns about the conduct of the Bihar Police.

Anand Mishra criticised the unprofessional behaviour of the police, claiming that the officers involved did not wear proper uniforms or display identification.

He expressed concerns over the lack of transparency, stating: “No one knew where they were taking Prashant Kishor. Then I went behind and saw that no police officer had a nameplate on his uniform, no rank, and no one was even wearing a cap. Who knows, there might be impostors in the name of Bihar Police? No one even revealed his identity. Such behaviour does not happen even with a terrorist.”

Mishra further urged Bihar’s Director General of Police (DGP) to adhere to the DK Basu guidelines, issued by the Supreme Court, which mandate that police officers must disclose their identity during detentions.

He added: “When I reminded them (police) of the guidelines, they only then disclosed their rank. This was completely illegal detention.”

Party spokesperson Kishore Kumar Munna alleged that Kishor was forcibly picked up by the police at 4 a.m. without proper documentation.

He said that Kishor was taken to AIIMS, where the administration and doctors were pressured to admit him.

However, the AIIMS administration refused, citing the lack of requisite paperwork.

The incident further escalated as Prashant Kishor, who has been on a hunger strike since January 2, was later admitted to the ICU ward at Medanta Hospital in Patna due to deteriorating health.

Thursday marks the eighth day of Kishor’s hunger strike.

–IANS