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Madhya Pradesh high court raps state for not handing over case to Army court

INDORE: The Indore bench of Madhya Pradesh high court on Tuesday reprimanded the state for not handing over the case regarding the brawl at Vijay Nagar between police and army to the Army Court at Mhow, despite the order by the single bench of high court.

Division bench of Justice PK Jaiswal and Justice Virendra Singh ordered the state to produce all documents related to the case and the communication between army and Vijay Nagar police before the court. The date for the final arguments in the petition has been fixed for January first week.

The petition had been filed by advocate Manish Yadav on behalf of Pramod Kumar seeking action against the officials found responsible for the brawl which took place between Vijay Nagar police officials and army jawans in September 2015.

The case, which had been registered at the Vijay Nagar police station, had been transferred to the army court in Mhow by the order of the high court’s single bench on October 5, 2016. Since the police had not complied with the high court’s order, the double bench reprimanded the state for their inaction and delay in handing over the case.
The court also asked the state to submit an affidavit signed by the officer-in-charge as to why the case had not been handed over as per the directions.

The bench also asked the state produce all the letters and records of communication between army officials and police officials regarding registration of an FIR against the police officials who had allegedly beaten up two army officials outside a pub in Vijay Nagar area on September 9. In their previous affidavit giving details of the incident, the police had said that the two army jawans who were apparently beaten up, had not appeared before the police to lodge an FIR, and hence, no FIR was registered. The army, however, said that the two jawans were hospitalized and not in a condition to appear before the police to lodge an FIR.

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