P&H High Court Issues Contempt Notice Against DSP Who Asked Accused For Certified Copy Of Bail Order, Later Discharges Him Upon Taking Lenient View

Taking a lenient view, the Punjab & Haryana High Court has discharged a Deputy Superintendent of Police (DSP) from a contempt notice issued for asking the accused in an SC/ST Act case for the certified copy of the interim pre-arrest bail order granted by the High Court. The Court had asked the accused to join the investigation.Justice Sandeep Moudgil said, "Though there is no justifiable reason coming forth to accept the unconditional apology tendered on behalf of the officer concerned since there seems to be willful disobedience of the order passed by this Court though taking a lenient view, he is discharged from the show cause notice."The State counsel assured the Court on instructions from Superintendent of Police, Kaithal that the departmental proceedings against the officer would be duly conducted and be taken to a logical conclusion and he will be punished accordingly, in case, he is found guilty of dereliction in duty and causing disobedience to the orders of the Court.These observations were made while hearing a plea seeking pre-arrest bail under Sections 115, 351(2), 191(3), 126, 190 of BNS and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST Act, 1989.During the proceeding, the Court had granted the interim-anticipatory bail and had directed the accused to join the investigation. Following the directions, when the accused went to the office of Deputy Superintendent of Police, Kaithal on 05.04.2025 to join investigation, he was allegedly sent back by the said officer asking him to produce certified copy of the order passed by the High Court, instead of giving time to remain present. Meanwhile the accused was arrested in another FIR. The Court had opined that the conduct of the DSP is "not only condemnable but would tantamout to an attempt to commit contempt of Court particularly criminal contempt".Hence, the DSP was directed to remain present in the Court on the next hearing.In pursuance of the order, Bir Bhan, Deputy Superintendent of Police, Kaithal was present in Court and filed the affidavit tendering unconditional apology for the same.The State counsel on instructions from Bir Bhan, DSP, submitted that the petitioner had joined the investigation and is not required for further interrogation and accordingly, the interim anticipatory bail was made absolute.Taking a "lenient view, the Court discharged the DSP from contempt notice. Mr. Nitin Bhanwala, Advocate for the appellant.Mr. Chetan Sharma, DAG, Haryana.Title: Ayush v. State of Haryana and anotherClick here to read/download the order

P&H High Court Issues Contempt Notice Against DSP Who Asked Accused For Certified Copy Of Bail Order, Later Discharges Him Upon Taking Lenient View

Aiman J. Chishti

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