3 hrs ago
Patna High Court Quashes Bihar Branding of Two Men
The Bihar government had labeled two men as “anti-social elements.”
The men said they had been falsely accused in criminal cases and were already out on bail.
Officials also limited where they could go and made them report to a police station three times a week.
The Patna High Court reviewed the case and canceled those restrictions.
The judges said the officials had not properly checked the allegations.
They also said the orders looked copied and did not show careful decision-making.
Each man will receive Rs 1 lakh in compensation and Rs 10,000 for legal costs.
The state may collect this money from the officials responsible after hearing them.
The Patna High Court quashed Bihar’s designation of Shasi Kumar and Ajay Singh as “anti-social elements.”
The court said officials acted without properly verifying allegations or reviewing relevant legal definitions.
The men had faced movement restrictions and were required to report to Silao police station three times weekly.
The court awarded each petitioner Rs 1 lakh in compensation and Rs 10,000 for litigation costs.
It directed the state to recover the payments from responsible officials after giving them an opportunity to be heard.
- Who
- The Patna High Court, petitioners Shasi Kumar alias Fukan and Ajay Singh, and Bihar police and district officials.
- What
- The court quashed the designation of the two petitioners as “anti-social elements,” removed the related action, and ordered compensation.
- Where
- Patna High Court, concerning actions by officials in Nalanda district, Bihar; the men were ordered to report at Silao police station.
- When
- The order was dated September 11; the report was published September 17. The article also refers to show-cause notices dated September 10, 2025.
- Why
- The court found that officials had acted in haste, relied on surmises and conjectures, and failed to verify allegations or show material demonstrating a public-order threat.
High Court’s Findings
Administration’s Action
Basis for restrictions
High Court’s Findings
The court said the restrictions were based on surmises and conjectures, without material showing that the petitioners had previously disturbed public order.
Administration’s Action
The administration proceeded after cases under the Bihar Crime Control Act and show-cause notices, concluding that the men’s free movement could create local law-and-order problems.
Verification of allegations
High Court’s Findings
The court said the superintendent of police, sub-divisional police officer, and station house officer acted in haste and did not produce verification reports or other supporting material.
Administration’s Action
The proceedings relied on allegations recorded in the police diary and a police recommendation made during the assembly polls.
Decision-making process
High Court’s Findings
The judges said the district magistrate’s orders used similar, cut-and-paste language and showed a failure to apply a judicious mind or properly consider the definition of “anti-social element.”
Administration’s Action
The district magistrate found that the petitioners had not provided cogent material in their defense and issued final orders restricting their movement.
Key facts
- Petitioners
- Shasi Kumar alias Fukan and Ajay Singh
- Relevant law
- Bihar Crime Control Act
- Compensation
- Rs 1 lakh awarded to each petitioner
- Litigation costs
- Rs 10,000 awarded to each petitioner
- Movement restrictions
- Three months of restrictions, including reporting to Silao police station three times weekly
- Court criticism
- Nalanda district magistrate’s orders were described as similar, cut-and-paste orders showing non-application of judicious mind
- Recovery direction
- The state was directed to recover compensation and litigation costs from erring officials after giving them an opportunity of hearing
Quotes
Patna High Court
The division bench hearing the petition against the movement restrictions and official proceedings
“We have noticed from the pattern of the order(s) passed by the DM, Nalanda that his orders are in the nature of cut-and-paste as similar kind of words and grounds have been mentioned in various orders which this court has/had occasion to go through.”
theprint.in
“It is evident that while issuing the show-cause notices or at the time of passing of the final orders, the DM has not gone through the definitions of the word “anti-social element””
theprint.in
Sources
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