Not the first instance of not procuring transit remand

A few years back police from other states, for example, Maharashtra and Karnataka, picked up several youths, suspected to be involved in militant activities, from Samastipur, Darbhanga and other places without taking any transit remand from the local court.

This issue was raised in the media and even the then opposition, the RJD, raised objection over the manner in which the whole exercise was undertaken.

However, Patna high court lawyer Vinod Kanth has been quoted in the media as saying: “I think transit remand should have been procured from the court for bringing the two arrested persons to Patna. I don’t know why it did not happen.

Similarly, another noted advocate Y V Giri said that the police would have to explain if the two were produced in the local court and if they were, there must be some reason why transit remand was not given.

As reported earlier, Patna SSP Manu Maharaaj, said the eight-member SIT could not get the transit remand from the court concerned in Varanasi.

However, now reports say Lalkeshwar Prasad Sinha started feeling unwell after his arrest on Monday morning. The Varanasi CJM gave the SIT time around 11pm but since Lalkeshwar was not feeling well the SIT did not force him. He has some heart related problem.

The report further said that around 2.30am (now Tuesday) the SIT took the couple to the residence of the judge but since he was asleep, it was decided to leave for Patna by road.

In spite of this the couple could be produced before the court in Patna at around 12.30pm on Tuesday, which exceeded 24 hours timeframe determined under Section 57 of CrPC to produce arrested persons before a court.

But under the same Section it is ensured that the period shall not, in the absence of a special order of a Magistrate under Section 167, exceed twenty- four hours exclusive of the time necessary for the journey from the place of arrest to the magistrate’s court.