Allahabad HC directs DGP to issue warning — “Misbehavior with govt lawyers equals contempt”
Prayagraj, October 13: The Allahabad High Court has directed the Director General of Police of Uttar Pradesh to issue a circular to all police officers warning that misbehaving with government lawyers communicating with them regarding compliance with court orders may amount to contempt of court and that strict action will be taken in such cases as per the law.
A single bench of Justice Arun Kumar Singh Deswal issued this direction after expressing strong objection to the alleged misbehavior of Rajesh Kumar Singh, a public relations officer posted at the office of the Senior Superintendent of Police, Azamgarh.
It is alleged that he misbehaved with an Additional Government Advocate who had come to provide information regarding compliance with a court order.
The court ordered the PRO’s detention and remanded him to court custody until 5 p.m. He was subsequently released. The High Court stated that public prosecutors are officers of the court. The court stated that Additional Government Advocates are officers of the court. When they inform a government official to comply with a judicial order, they are performing their duty in compliance with the court’s instructions.
The bench remarked that misbehaving with a public prosecutor who is informing an official to ensure compliance with a court order, even if the official is a top state official, could amount to contempt of court.
During the hearing, the Azamgarh SSP informed the court that he had issued a show-cause notice to Rajesh Kumar Singh and removed him from his position as PRO. The High Court commended the SSP’s prompt action. The court also considered another issue related to the compliance of the non-bailable warrant issued by the High Court. In his compliance affidavit, the SSP stated that the information received from the Additional Government Advocate was sent to the Writ Cell on September 8, 2026, for necessary action. This information later reached the Maharajganj police station and was entered in the general diary.
However, according to the affidavit, Sub-Inspector Subhash Singh, despite receiving the information, retained it instead of ensuring its compliance. A preliminary investigation also found the SHO of Maharajganj police station guilty of negligence in complying with the order. Show-cause notices were issued to both. The High Court clarified the position on the compliance of the non-bailable warrant. The SSP apologized to the court and said that he had thought that ensuring the presence of the concerned investigating officer in court would be sufficient.
The High Court clarified that when a police officer receives a non-bailable warrant issued by the High Court, they must ensure the arrest of the person concerned and present him before the High Court.
The court also clarified that the district court can grant bail in cases where a non-bailable warrant is issued by the High Court. Noting the SSP’s impeccable service record, the court dropped proceedings against him. However, it expected him to exercise greater caution in future enforcement of non-bailable warrants issued by the High Court.
The court also commended the SSP’s humanitarian gesture of adopting the two minor daughters of a man who had murdered his wife and another child, who later died in a police encounter.
This matter came up during the hearing of Sachin Yadav’s bail plea. He was booked under Section 64(1) of the Indian Penal Code and Sections 66E and 67A of the Information Technology Act. The High Court rejected Sachin Yadav’s bail plea on the merits of the case.
The court also directed the Registrar (Compliance) to send a copy of the order to the Uttar Pradesh Director General of Police (DGP) for necessary action .
