Allahabad High Court Issues Show Cause Notice For Contempt To SP, CWC Chairperson For 'Detaining' Woman Despite Stay On Arrest

A bench of Justice JJ Munir and Justice Sanjiv Kumar observed that any kind of action by any Executive Authority, including the Government, that is in breach or violation of a judicial order is non est, apart from being an act constituting contempt of Court.

The observation was passed on a Habeas Corpus Writ Petition pertaining to the liberty of a woman and her husband. The couple had solemnized their marriage according to Hindu rites in December last year.

Subsequently, the woman's mother lodged an FIR on July 2, 2025, alleging offences under Sections 137(2) and 87 of the BNS.

Seeking protection, the couple had earlier approached the High Court and on July 18, 2025, the High Court granted interim relief to them, explicitly staying the arrest of both the husband and wife until the next date of listing.

However, allegedly in disregard to the HC's order, the police arrested the woman. On July 29, the day HC extended the stay order, she was produced before the CWC, Mau, which directed her internment at the One Stop Centre, Mau.

Expressing strong disapproval of the authorities' conduct, the Bench questioned how the police could deprive the petitioner of her liberty, "by whatever name called", or how the CWC could order her internment when the Court had expressly stayed her arrest.

In a sharply worded observation defining the legal nullity of such administrative actions, the Court held:

"It is well known that any kind of action by any Executive Authority, including the Government, that is in breach or violation of a judicial order is non est, apart from being an act constituting contempt of Court".

Thus, taking a strict view of the matter, the Court has directed the Superintendent of Police, Mau, the SHO of Police Station Madhuban and the CWC Chairperson to file their personal affidavits by December 17, 2025.

The respondents must show cause "by what authority could they take the detenue…into custody, once this Court had restrained her arrest vide order dated 18.07.2025".

Additionally, they are required to explain why cognizance should not be taken against them for civil contempt and why the matter should not be placed before the roster Judge dealing with contempt jurisdiction.

The Bench further ordered that the woman, who is currently lodged at the Nari Niketan (Balika), District Ballia, be produced before the Court on the next date of listing (December 17) without fail.