Prashant Kishor Sent To Jail Without Custodial Warrant, Claims Lawyer

The detention and attempted imprisonment of Jan Suraaj Party President Prashant Kishor by Patna police has sparked controversy, with his advocate, Amit Kumar, accusing the police of procedural violations.

Kumar claims that the police attempted to transfer Kishor to Beur Jail on January 6 without proper custody documentation.

Kumar expressed surprise that Prashant Kishor was taken to Beur Jail while the hearing in the court was still ongoing. He emphasized that the Jail Superintendent had refused to admit Kishor without the necessary custody papers.

“It was shocking that when Prashant Kishor was taken out of the court premises, they tried to transfer him to Beur Jail without any custody papers,” Kumar said. The refusal by the Jail Superintendent, according to Kumar, highlights the procedural lapse on the part of the police.

Charges Filed Against Prashant Kishor

The advocate also raised concerns about the charges filed against Kishor under sections 190, 191(2), 191(3), and 223, all of which are bailable offences. Kumar particularly criticized the application of Section 191(3), which relates to rioting or possessing a weapon. “There wasn’t 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 questioned.

Kumar also highlighted the terms of Kishor’s bailable personal recognisance bond, which included points requiring Kishor’s cooperation with the police and his appearance in court. He noted that a penalty of Rs 25,000 would be imposed if Kishor failed to appear or cooperate.

Prashant Kishor’s Transfer To Beur Jail

Kumar further questioned why Kishor, despite the FIR being lodged at Gandhi Maidan police station, was taken directly to Beur Jail. He explained that during a peaceful gathering, when the crowd became unmanageable, Kishor was handed a microphone to address them, which led to another FIR being filed. “Why did the police not tell us by which authority they took him to Beur Jail? We were not given any papers,” Kumar asserted.

Criticism Of Police Conduct And Alleged Violations

The incident has drawn sharp criticism from other political leaders as well. Anand Mishra, a retired IPS officer and Jan Suraaj Party leader expressed concerns about the unprofessional behaviour of the police. He claimed that the officers involved did not wear proper uniforms, lacked identification, and failed to disclose their identities during the detention.

“Who knows, there might be impostors in the name of Bihar Police? No one even revealed their identity. Such behaviour does not happen even with a terrorist,” Mishra added.

Mishra also urged Bihar’s Director General of Police (DGP) to adhere to the DK Basu guidelines, issued by the Supreme Court, which require police officers to disclose their identities during detentions. He said that only after reminding the officers of the guidelines did they disclose their rank, calling the detention “completely illegal.”

Kishore Kumar Forcible Pickup And Health Concerns

Kishore Kumar Munna, a spokesperson for the Jan Suraaj Party, accused the police of forcibly picking up Prashant Kishor at 4 a.m. without proper documentation.

Munna also claimed that Kishor was taken to AIIMS, where the administration and doctors were pressured to admit him, but the hospital refused due to the lack of paperwork.

The situation escalated when Kishor, who had been on a hunger strike since January 2, was admitted to the ICU at Medanta Hospital in Patna after his health deteriorated. Thursday marked the eighth day of Kishor’s hunger strike, drawing further attention to the circumstances surrounding his detention.

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