In an extraordinary order that has rocked Bihar’s judicial circles, Additional District & Sessions Judge-III, Begusarai, Brajesh Kumar Singh has accused Principal District & Sessions Judge Rishi Kant of arbitrarily transferring an execution case to himself solely to prevent contempt proceedings against District Magistrate Tushar Singla and Superintendent of Police Manish.
The scathing observations came in Execution Case No. 01/2024 (Manish Kumar v. State of Bihar & Ors.) on November 17, 2025. The case concerns non-payment of compensation awarded in 2023 to Manish Kumar, whose guardian died in a road accident caused by a police vehicle. Despite repeated court directives through 2025, the district administration failed to comply.
On October 14, 2025, Judge Singh had already recommended to the Patna High Court that contempt proceedings be initiated against the DM and SP for their “defiant” attitude, rejecting their plea that payment could not be made due to the ongoing Bihar Assembly elections.
When the matter reached the concluding stage on November 17 (a Sunday special sitting), Judge Singh was preparing to finalise the contempt referral when Administrative Order No. 488 (Misc.) dated November 15, 2025 suddenly recalled the entire file to the Principal Judge’s court “for hearing and disposal”. No party had applied for transfer, nor had Judge Singh submitted any report.
In his order, Judge Singh wrote:
“In my opinion, the transfer by Ld. Principal District and Sessions Judge, Begusarai was made to shield the D.M., Begusarai and S.P., Begusarai from contempt proceeding.”
He continued:
“By transferring the case at the concluding-stage… Ld. Principal District and Sessions Judge has made the judicial principle which every judge has sworn to protect… Principal District and Sessions Judge has made the judiciary a matter of laughing stock insomuch as the judges of subordinate judiciary appear to be only paper tigers, having no order passed by them has got binding effect on mighty and powerful bureaucrats.”
The judge revealed that this was not the first interference — on September 23, 2025, the Principal Judge had summoned him and conveyed alleged threats from the SP.
Judge Singh directed his office to forward extracts of the file to the Registrar General, Patna High Court, reiterating the contempt recommendation despite the transfer.
Legal circles have termed the episode unprecedented. Senior advocates have pointed out that while Section 24 CPC empowers district judges to transfer cases, such power cannot be used to stifle judicial proceedings or protect executive officers. The transfer, done without application, without report, and apparently without even perusing the record, raises serious questions about judicial independence at the district level.
As of November 19, 2025, neither the Principal District Judge nor the district administration has issued any public response. The Patna High Court is yet to take formal notice, but the order has gone viral among lawyers and is being cited as evidence of growing executive pressure on the lower judiciary.
Judge Singh ended on a defiant note: “Truly speaking, my morale is badly dampened… No judge would ever dare to pass order against the mighty bureaucrats like D.Ms and S.Ps… but I have no regrets.”
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