The Allahabad High Court directed the UP DGP to warn police that misbehaving with government advocates conveying court orders amounts to contempt. The ruling reinforces that officers of the court must be treated with respect while enforcing judicial directions.
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Prayagraj,Oct 13, 2026 23:06 IST
The Allahabad High Court has directed Uttar Pradesh Director General of Police to issue a circular to all police officers, warning them that misbehaviour with government advocates who communicate court orders for compliance amounts to contempt of court and will be dealt with strictly in accordance with law.
The direction came while the court was hearing a bail plea and took exception to the conduct of Public Relations Officer Rajesh Kumar Singh, who allegedly misbehaved with an additional government advocate. On Monday, Justice Arun Kumar Singh Deshwal ordered that Singh be taken into court custody till 5 pm, after which he was released.
The bench observed that additional government advocates are officers of the court and discharge duties in furtherance of judicial directions. The court said, "Whenever they inform any officer about the compliance of the order of this court, they are discharging their duty in compliance of the order of the court and misbehaving with them by any officer, may be the top-most officer of the state, will amount to contempt." The SSP told the bench that he had issued a show-cause notice to Singh and removed him as the PRO, an action the court appreciated.
The order was passed during the hearing of a bail application filed by Sachin Yadav, who was booked under Section 64(1) of the Bharatiya Nyaya Sanhita, which relates to punishment for rape, and Sections 66E and 67A of the IT Act for uploading an obscene video of the rape victim. The court rejected Yadav's bail plea on merits.
On the issue of compliance of a non-bailable warrant issued against an investigating officer, an affidavit filed by the Azamgarh SSP said that after receiving communication from the additional government advocate on September 8, it was forwarded to Maharajganj police station and entered in the general diary. However, Sub-Inspector Subhash Singh kept it without ensuring compliance. A preliminary inquiry found the station house officer negligent, following which show-cause notices were issued to both officers.
Accepting the SSP's apology for not personally ensuring execution of the warrant, the court said, "The correct legal position is whenever any police officer receives an NBW issued by the high court to be executed by him, he should personally ensure the arrest of that person and produce him/ her before the high court as in NBW issued by the high court, district court can grant bail." Taking note of the SSP's unblemished record and appreciating his humane gesture of adopting the two minor daughters of a deceased suspect, the court closed the matter against him while expecting him to be more careful in future. The registrar (compliance) was also directed to send a copy of the order to the UP DGP.
In sum, the high court rejected the bail plea, acted against the alleged misbehaviour with a government advocate, and directed the UP police chief to remind all officers that any such conduct while court orders are being conveyed would be treated as contempt.
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