SC Stays Arrest Of UP Govt’s Officers Taken Into Custody By Allahabad HC Over Non-Compliance Of Its Directions

The Supreme Court has stayed the Order of the Allahabad High Court whereby two UP Government officers were taken into custody for not complying with directions to provide domestic help and other facilities to the former Chief Justices and former Judges of the Allahabad High Court.

The bench of Chief Justice DY Chandrachud and Justice Pamidighantam Sri Narasimha directed to release the officers who were taken into custody by the High Court.

“Till the next date of listing, there shall be a stay of the operation of the orders of the Division Bench of the High Court of Judicature at Allahabad dated 4 April 2023 and 19 April 2023.

The officers of the Government of Uttar Pradesh, who have been taken into custody, shall be released forthwith.”, the Court said.

ASG K.M. Nataraj appeared for the State of UP.

The Allahabad High Court had observed that the officers of the Finance Department of the State Government had committed contempt of Court.

“In the circumstances, having regard to the averments made in the affidavit and the conduct of the officers suppressing material facts and misleading the Court, prima facie, have committed criminal contempt of the Court. 33. Accordingly, officers present in the Court, namely, Shri Shahid Manzar Abbas Rizvi, Secretary (Finance) U.P. Lucknow and Shri Sarayu Prasad Mishra, Special Secretary (Finance) are taken into custody”, the Allahabad High Court had ordered.

The High Court was dealing with the plea of the Association of Retired Supreme Court and High Court Judges. The Court had observed that the matter pertaining to providing domestic help and other facilities to the former Chief Justices and former Judges of the Court was kept pending on one pretext or the other.

The Court noted that the officers of the Finance Department were opposing the Court’s Order without any valid basis.

“The approach of the officers of the Finance Department is writ large, that the proposal submitted by the High Court, would not be complied and in their over zealous approach and adamant attitude are opposing compliance of the writ court order without any valid basis.”, the Court observed.

Accordingly, the High Court had taken into custody the two officers of the state government present in the Court. The Court had also issued bailable warrants to Chief Secretary, Uttar Pradesh, Lucknow, and Dr. Prashant Trivedi, Additional Chief Secretary (Finance).

Cause Title- State Of Uttar Pradesh & Ors. v. Association Of Retired Supreme Court And High Court Judges At Allahabad & Ors.

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