'Attempt To Bury The Issue': Allahabad HC Summons DCP Over Advocate's 'House Arrest' During Administrative Judge's Visit

“We would like to make it clear that any attempt at concealing and suppressing facts would neither be appreciated nor would be allowed. The Court will go into the merits of the issue as liberties of individuals cannot be allowed to be curtailed in a country governed by rule of law. This is more so when the infraction of such liberty is on account of a purported visit of the Administrative Judge of this Court. The matter cannot be allowed to be given a rest as a routine case,” a bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh observed.

The court has also summoned the Deputy Commissioner of Police (DCP) to appear before it on April 24 along with records for the purposes of explaining the rationale and justification for maintaining 'supervision' over a 70-year-old advocate during the administrative judge's visit to the District Court premises.

Essentially, the bench is dealing with a petition filed by Advocate Mahtab Singh claiming he was detained in his house for over 10 hours (on 15 November, 2024) after serving Section 168 BNSS (Police to prevent cognizable offences) notice to him, to prevent him from meeting the Administrative (High Court) Judge until he was present in the Judgeship.

Taking note of the 'unusual' matter, the court had earlier called for a report from the District Judge of Agra and also a clarification as to who had issued instructions to the police to serve notice upon the petitioner or to interfere with his liberties.

In the report, while the District Judge stated that he was not aware of such action of the police nor his permission was taken, the bench had earlier observed that the matter required a further probe to ascertain who exactly ordered action against the petitioner.

“We have not heard of an incident in which an advocate is kept under supervision or notices are issued on the apprehension that a cognizable offence could be committed only because 37 year back the petitioner was implicated in a criminal case,” the bench had observed in its order.

The bench had also directed the Commissioner of Police to clarify in his affidavit the policy of monitoring and supervising an advocate's movements during the Administrative Judge's visit and furnish details of such care and caution resorted to by the District Administration during previous visits of the Administrative Judge to the district.

Furthermore, the bench had directed the Deputy Commissioner of Police of the concerned zone to remain present to explain as to whether action of the police is part of a routine exercise or is it a singular case of its own

Last week, the CP, Agra filed an affidavit stating that there was a procedural infirmity in the service of notice and that they shall be more careful in dealing with the issue henceforth. He also attached an apology with his affidavit.

Having perused the affidavit filed, the Court expressed its disappointment, noting that the affidavit had apparently attempted to 'bury the issue'. Thus, while summoning the DCP, the Court also added that any attempt at concealing and suppressing facts would neither be appreciated nor would be allowed by it.