Cops To Face Contempt Action For Misbehaving With Govt Advocates Communicating Court Orders: Allahabad High Court

  • Allahabad High Court, contempt of court, police officers contempt, government advocates, Additional Government Advocate, UP DGP circular, Azamgarh SSP PRO, Justice Arun Kumar Singh Deshwal, non-bailable warrant,
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    The Allahabad High Court has directed the Uttar Pradesh Director General of Police (DGP) to issue a circular to all police officers warning that misbehavior with government advocates communicating court orders for compliance would amount to contempt of court and be dealt with strictly in accordance with law.

    The Court directed thus while taking exception to the conduct of Rajesh Kumar Singh, the Public Relations Officer (PRO) of the Senior Superintendent of Police (SSP), Azamgarh, who had allegedly misbehaved with an Additional Government Advocate (AGA) who was attempting to inform him about a court order.

    A bench of Justice Arun Kumar Singh Deshwal also directed that the PRO be taken into custody and remain in the Court's custody until 5 PM, after which he was released.

    The Court observed that Additional Government Advocates are officers of the Court and that, when they inform public officials about compliance with a judicial order, they are discharging their duty in furtherance of the Court's directions.

    "Whenever they inform to 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 Court observed.

    The bench was dealing with a bail application filed by one Sachin Yadav in connection with a case registered at a Police Station in Azamgarh district under Section 64(1) BNS and Sections 66E and 67A of the IT Act.

    The SSP told the Court that he had issued a show-cause notice to Rajesh Kumar Singh and had also removed him from the post of PRO. The Court appreciated the SSP's prompt action.

    The Court also took note of the SSP's compliance with an earlier direction concerning the execution of a non-bailable warrant (NBW) issued against the investigating officer.

    In his compliance affidavit, the SSP stated that after receiving a communication from the AGA, he had forwarded it to the Writ Cell for compliance on September 8, 2026. Maharajganj Police Station subsequently received the communication and entered it in the general diary.

    However, the affidavit stated that the SIub-Inspector Subhash Singh received the communication but kept it with him instead of ensuring compliance.

    The SSP further stated that a preliminary inquiry found the SHO of Maharajganj Police Station negligent in complying with the Court's order. Show-cause notices were issued to the SHO and the Sub-Inspector.

    The SSP apologised for not personally ensuring execution of the non-bailable warrant against the investigating officer. He submitted that he had been under the impression that ensuring the officer's presence before the Court would be sufficient.

    The Court clarified that this was not the correct legal position.

    "The correct legal position is whenever any police officer receives an NBW issued by the High Court to be executed by him, then 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," the Court clarified.

    The Court added that a district court may grant bail in a matter involving a non-bailable warrant issued by the High Court.

    However, taking into account the SSP's unblemished record, the Court closed the matter against him without passing any further order. The Court, however, expected him to be more careful in the future when executing NBWs issued by the High Court.

    The Court also appreciated the SSP's humane gesture of adopting the two minor daughters of a man who had killed his wife and another child, who subsequently died in a police encounter.

    The Court, however, rejected Sachin Yadav's bail application on merits.

    It also directed the Registrar (Compliance) to send a copy of the order to the Uttar Pradesh DGP for necessary compliance.

    Case Title :  Sachin Yadav vs. State of U.P. 2026 LiveLaw (AB) 833CITATION :  2026 LiveLaw (AB) 833
    Sparsh Upadhyay

    Sparsh Upadhyay is an Associate Editor with LiveLaw.

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