The Allahabad High Court has issued a contempt notice to a state Judicial Officer and a Police officer for violating the Supreme Court’s guidelines.
A single-judge bench of Justice Rajeev Singh passed this order while hearing a Contempt Application filed by Ashutosh Singh and Another.
The application has been filed to summon and prosecute the respondents for willful and deliberate defiance of the orders dated 11.07.2022 and 02.07.2014 passed by the Apex Court in the case of Satender Kumar Antil Vs Central Bureau of Investigation and Anr and Arnesh Kumar Vs State of Bihar and Anr respectively.
Counsel for the applicants submitted that there is a property dispute among the applicants and other persons belonging to the same family tree. On 23.06.2024, at 8:00 AM, when the uncle of applicants, Shiv Kumar was going to visit his farm then accused persons, namely, Vijay Pratap Singh S/o Darshan Singh, Arun Singh S/o Vijay Pratap Singh, Anil Singh S/o Ravindra Singh, Gyanendra Singh S/o Manoj Singh and Avneesh Singh S/o Manoj Singh came on the spot and attacked on him with lathi, danda and farsa, he tried to run towards his house for saving himself but all the accused persons started causing injury to him.
On the alarm raised by Shiv Kumar, applicants and other family members reached on the spot to save him but they were also beaten by the accused persons.
In the said incident applicant no 1 and Shiv Kumar received injury and applicant no 2 received head injury. Anil Singh also received injuries from the other side.
Thereafter, applicant immediately rushed to the police station and on the written complaint of Shiv Kumar, one of the injured, F.I.R under Sections 147, 148, 323, 324 and 308 IPC P.S Jamu, District- Amethi dated 23.06.2024 was lodged at 12:12 Hours and they were referred to the hospital for medicolegal examination as well as proper treatment.
Counsel for the applicants further submitted that, on the same date, Anil Singh also came to the police station along with Vijay Pratap Singh and lodged cross F.I.R under Sections 147, 148, 323, 504, 452, 324 and 308 I.P.C P.S Jamu, District Amethi at 14:46 hours, thereafter, applicants were taken into custody without any ram or reason and were also produced before the Remand Magistrate which was in utter violation of law laid down by the Apex Court in the case of Arnesh Kumar Vs State of Bihar and Anr reported in 2014 8 SCC 273.
The judgment clearly provides that failure to comply with the directions issued by the Apex Court in the aforesaid case shall apart from rendering the police officials concerned liable for departmental action, they shall also be liable to be punished for contempt of Court to be instituted before the High Court having territorial jurisdiction.
He further submitted that the Remand Magistrate also failed to examine the reasons given in the case diary and without recording any reason, the remand was accepted and applicant was sent to judicial custody which is also in violation of the principle laid down by the Apex Court, therefore, respondents are liable to be punished in accordance with law.
The Court noted that the police himself has recorded that applicant no 2 was having head injury but all these facts as well as law laid down by the Apex Court in the case of Arnesh Kumar (supra) was not followed.
The Court issued notice to the respondents within a week to show cause, as to why, they should not be punished for wilful disobedience of the directions of the Court, returnable within two weeks, failing which, the charges may be framed after summoning the contemnors.
The Court has fixed the next hearing of the petition on 13.09.2024.
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