Cop refuses to probe RJD nominee case

Sachchidanand Jha / TNN / Oct 22, 2005, 01:28 IST

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Despite EC order, Bihar police are yet to come out with a report on the "illegal" release of Vijay Prakash Yadav.

PATNA: A probe, which should have been completed by October 20, has not been started by October 21. Despite EC ordering an investigation, Bihar police are yet to come out with a report on the "illegal" release of Vijay Prakash Yadav, Union minister Jai Prakash Narain Yadav's brother and RJD nominee from Jamui constituency.
The probe was assigned to Bihar military police ADG Manoje Nath. But he has refused to probe the matter, saying a parallel inquiry by a police agency, when the local police were already investigating the matter, would not be in accordance with the law.
Vijay was arrested by a team led by Jamui SP Arvind Kumar and arms, ammunition, currency notes and liquor were seized from his vehicle on October 18, the polling day in his constituency.
The entire nation watched on a TV channel the high-voltage drama of paramilitary forces chasing Vijay, nabbing him and assaulting him.

However, the Khaira PS officer-in-charge in a midnight move the same day released Vijay, apparently on the orders of zonal IGP N C Dhaundhiyal.
Though Dhaundhiyal has denied his involvement and offered to quit the IPS if he is found "guilty", EC has since ensured his removal from the zonal IGP's post.
An FIR has been lodged against the Khaira officer who, according to official sources, has gone into hiding. EC has also ordered the state police to re-arrest Vijay.

Nath, who was in-charge of deployment of forces for the first phase of state assembly polls on October 18, was asked by state DGP A R Sinha on October 19 to hold an inquiry into Vijay Prakash's release and submit a report the next day. The DGP's order followed a directive from EC.
Known for his straightforwardness and no-nonsense attitude, Nath, however, is learnt to have written back to the DGP stating that the local police were already investigating the matter and, as such, a parallel probe would not be in accordance with CrPC.
He has reportedly suggested that the investigation being carried out by the local police be supervised either by the range DIG or zonal IGP or the DGP himself.
A senior police officer clarified that Nath had not "refused" to probe the matter but raised a legal question. "He is likely to proceed on leave from October 22 for which he had applied on October 12," the officer explained.
Asked when Vijay will be re-arrested, the DGP said, "I do not know." He admitted Nath had applied for leave earlier. Why then he assigned the Jamui incident probe to Nath remains a mystery.

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