Brajesh Thakur, the Muzaffarpur shelter home sexual horror case prime accused, allegedly used his newspapers to browbeat officials, including those in the judiciary, by publishing fake and fabricated stories to get his work done on his terms, a court order had said.
In 2012, the court of Arun Kumar Singh, special vigilance judge (north Bihar), Muzaffarpur, had issued warning to one of his newspapers ‘Pratah Kamal’— a Hindi daily — for trying to malign/defame the court by making a select group of lawyers file false petitions with motivated allegations. The special vigilance court had then recommended action against him. HT has accessed the court order.
The matter had come to the notice of the court after Thakur’s close knit group of lawyers went on to file a petition against the special vigilance judge, who had dismissed some of their pleas in the past. The aggrieved judge appraised the matter to the Patna high court and sought guidelines. Patna HC asked him to work “fearlessly and according to the provisions of law”.
In one of the complaint petitions filed by a lawyer considered close to Thakur, the judge was charged with taking a ‘big amount’ through the then vigilance commissioner, Ashok Kumar Chauhan, on a false affidavit.
“An attempt was also made to scandalise a pious institution like judiciary through print and electronic media. Therefore, it is necessary to take immediate action against the lawyer and Brajesh Thakur and the official complaint be sent to the court of chief judicial magistrate for proceeding against them,” the judge had then observed.
The judge also pointed to a well organised racket running in Muzaffarpur for manipulating legal process. “When the vigilance power was entrusted on me, I was surprised to find that several hundred complaint cases (vigilance) were left abandoned and pending without any reason or pressure, resulting in their obvious dismissal,” the judge observed.
The judge observed in his order that when he got to know the truth, it pointed towards a big racket in the civil court “through few lawyers and others to file cases for extortion of money.”
“When the extortion of money was complete, the complaint case was left abandoned. This is gross misuse of legal process,” said the judge, citing the Supreme Court order on Bhajan Lal vs state of Haryana case that “by of complaint petition abuse of legal process cannot be allowed by anyone howsoever mighty he or she may be.”
The judge observed that in keeping with the spirit of the apex court order, when he started checking misuse of legal process, the whole interested group became his enemy and started writing complaint letters against him with false allegations.
“Several inquiries were also conducted by registrar, vigilance of the HC and I apprised them of the facts and situation through confidential letters. All the motivated allegations were found false, fake and fabricated. However, all the allegations were again mentioned in a new complaint case using a new face in the form of complainant Pankaj Kumar,” he observed.
First Published: Aug 08, 2018 09:42 IST