Allahabad High Court: Police Contempt for Disobeying Lawyers' Court Orders

• The Allahabad High Court warned police officers that misbehavior with law officers conveying court orders will be treated as contempt.
• The court directed the UP DGP to issue a circular mandating strict compliance and warning against such misbehavior.
• An Azamgarh SSP's PRO was ordered into custody for misbehaving with an Additional Government Advocate relaying a court order.
• The court clarified that police officers must personally execute non-bailable warrants issued by the high court.
• An Azamgarh SSP was excused for misinterpreting NBW execution rules, acknowledging his unblemished record.

Justice Arun Kumar Singh Deshwal's bench issued a stern warning to police officers, emphasizing that any misbehavior with a law officer who is conveying court orders could constitute contempt of court.

The Allahabad High Court recently addressed two distinct instances of police misconduct and non-compliance with judicial directives, stemming from a bail application case. One incident involved Rajesh Kumar Singh, the Public Relations Officer (PRO) for the Senior Superintendent of Police (SSP) in Azamgarh, who was found to have misbehaved with Additional Government Advocate (AGA) Anurag Pandey. This occurred when Mr. Pandey was attempting to convey a court order, dated September 16, 2026, to Mr. Singh over the telephone. The court noted that AGAs serve as officers of the court, whose duty includes communicating judicial orders to officials for necessary action.

In response to the PRO's misbehavior, the SSP of Azamgarh promptly issued a show-cause notice to Mr. Singh and removed him from his position. The court acknowledged this swift action but also ordered that the PRO be taken into custody and held until 5 pm on the day of the hearing, after which he was to be released. This particular case was related to a bail application concerning charges under Section 64(1) of the Bharatiya Nyaya Sanhita (formerly Section 376(1) of the Indian Penal Code) and Sections 66E and 67A of the Information Technology Act.

A separate issue brought to the court's attention involved the failure to execute a non-bailable warrant (NBW) that had been issued against Investigating Officer Vinay Kumar Mishra. SSP Dr. Anil Kumar-II of Azamgarh appeared before the court and submitted an affidavit explaining the situation. He informed the court that while a communication regarding the warrant's compliance had been sent to relevant police units, Sub-Inspector Subash Singh had retained the letter without taking action. Furthermore, a preliminary inquiry revealed that the Station House Officer (SHO) of Maharajganj police station was also negligent in ensuring compliance with the court's order. The SSP confirmed that show-cause notices had been issued to both officers, with appropriate action pending.

Justice Arun Kumar Singh Deshwal's bench issued a stern warning to police officers, emphasizing that any misbehavior with a law officer who is conveying court orders could constitute contempt of court. The Allahabad High Court explicitly directed the Uttar Pradesh Director General of Police (UP DGP) to issue a comprehensive circular. This circular is intended to caution police officers across the state that misbehavior towards a high court state law officer while they are communicating a court order for compliance will be unequivocally treated as contempt. The court underscored that such actions would be dealt with strictly in accordance with the law, reinforcing the principle that when law officers convey judicial directives, they are fulfilling their duty in compliance with the court's authority.

The ruling further clarified the proper procedure for the execution of non-bailable warrants by police officers. The SSP of Azamgarh, Dr. Anil Kumar-II, had apologized for not personally executing the NBW against the investigating officer, stating he believed ensuring the officer's presence was sufficient. Justice Deshwal, however, clarified that this understanding was legally incorrect. The court asserted that any police officer who receives an NBW issued by the high court for execution must personally ensure the arrest of the named individual and produce them before the high court. Despite the SSP's misinterpretation, the court chose to close the matter against him without further orders, acknowledging his unblemished record and expressing an expectation of greater caution in the future.

This significant ruling by the Allahabad High Court reinforces the paramount importance of judicial authority and the need for strict adherence to court orders by all police officers in India, particularly in Uttar Pradesh. The directive for a UP DGP circular on police conduct regarding court orders establishes a clear framework for accountability, ensuring that police officers contempt of court India will face serious repercussions for obstructing justice or disrespecting legal representatives. It provides a robust legal basis for lawyers to pursue contempt proceedings against police officers who misbehave or fail to comply with court orders, thereby strengthening the rule of law.

The court's firm stance on misbehaviour with an Additional Government Advocate contempt highlights the critical role of these legal officers in the judicial process and protects their ability to perform their duties without intimidation. Furthermore, the explicit clarification on the execution of non-bailable warrant police duties ensures that there is no ambiguity regarding the personal responsibility of officers in securing arrests as directed by the high court. This ruling, delivered by Justice Arun Kumar Singh Deshwal, serves as a crucial reminder to all law enforcement personnel about their obligations to the judiciary. Separately, the court also acknowledged the SSP's prompt action against the PRO and his humanitarian gesture of adopting the two minor daughters of a criminal, who had killed his wife and another child before dying in a police encounter, showcasing a broader context of police engagement.

Lawyers in Uttar Pradesh should be aware that the Allahabad High Court has reinforced their authority when relaying court orders, providing a clear legal basis to pursue contempt proceedings against police officers who misbehave or obstruct. Compliance officers within police departments must ensure strict adherence to the DGP's forthcoming circular, as failure to comply with court orders or misbehavior towards legal officers will result in severe disciplinary action and potential contempt charges.

Source: Reporting based on original court observations.