Prashant Kishor sent to jail without custodial warrant, claims lawyer

Patna: The detention of Prashant Kishor, President of the Jan Suraaj Party, has generated significant controversy, with his lawyer, Amit Kumar, criticizing the actions of the Patna police. Kumar alleges that the police attempted to transfer Kishor to Beur Jail on January 6 without the proper documentation required for custody. Kumar explained that the Jail.

Patna: The detention of Prashant Kishor, President of the Jan Suraaj Party, has generated significant controversy, with his lawyer, Amit Kumar, criticizing the actions of the Patna police. Kumar alleges that the police attempted to transfer Kishor to Beur Jail on January 6 without the proper documentation required for custody.

Kumar explained that the Jail Superintendent refused to admit Kishor due to the lack of necessary custody papers, highlighting that Kishor was taken from the court premises while proceedings were still ongoing. “It was surprising that they tried to take him to Beur Jail without any custody documents,” Kumar stated.

Kumar also expressed concern over the legal basis for Kishor’s detention, pointing out that the charges under Sections 190, 191(2), 191(3), and 223 are bailable offenses. He specifically criticized the use of Section 191(3), which relates to rioting or weapon possession, questioning how a peaceful gathering could be labeled a riot. He remarked, “If the Bihar Police considers blankets and mufflers as weapons, then that’s quite astonishing.”

The conditions of Kishor’s release on bail were also outlined by Kumar. According to the personal recognisance bond, Kishor is to cooperate with the police, appear in court as required, and pay a penalty of Rs 25,000 if he fails to do so.

Kumar further questioned why Kishor, despite the FIR being filed at the Gandhi Maidan police station, was taken directly to Beur Jail. He pointed out that Kishor had only addressed the crowd after they became unmanageable, leading to a subsequent FIR against him. “Why did the police not inform us of the authority under which they detained him? We received no papers from them,” he emphasized.

The incident has provoked sharp criticism of the Patna police’s conduct. Anand Mishra, a retired IPS officer and Jan Suraaj Party leader, condemned the unprofessional behavior of the officers, mentioning their lack of uniforms or identification. He raised concerns over the lack of transparency in Kishor’s detention. “No one knew where they were taking him. There were no identifiable police officers, which raises the question of whether these were indeed police,” he said.

Mishra urged the Director General of Police (DGP) of Bihar to comply with the DK Basu guidelines issued by the Supreme Court, which mandate police officers to disclose their identity during detentions. “When we reminded them of these guidelines, only then did they reveal their ranks. This was completely illegal,” he asserted.

Additionally, party spokesperson Kishore Kumar Munna alleged that Kishor was forcibly taken by the police early in the morning without proper documentation. He claimed that Kishor was also taken to AIIMS, where medical staff faced pressure to admit him, but were unable to do so due to missing paperwork.

Kishor, who has been on a hunger strike since January 2, has since been hospitalized in the ICU at Medanta Hospital in Patna due to worsening health conditions, marking the eighth day of his protest.