SC stays Allahabad HC order directing to take two IAS officers into custody, orders to release them immediately
Apr 20, 2023
New Delhi [India], April 20 : The Supreme Court on Thursday stayed the Allahabad High Court order directing to take two IAS officers into custody for non-compliance with the court's directive and ordered to release them forthwith.
A bench headed by Chief Justice DY Chandrachud's direction came when Uttar Pradesh Government mentioned before the court the Allahabad HC order delivered on Wednesday.
Allahabad HC order on Wednesday directed to take Shahid Manzar Abbas Rizvi, Secretary (Finance) U.P. Lucknow and Sarayu Prasad Mishra, Special Secretary (Finance) into custody for non-compliance with the court's directive to execute within a week a proposed rule to enlarge facilities for retired high court judges.
Uttar Pradesh Government moved against Allahabad HC order. Additional Solicitor General KM Natraj said that this is an unprecedented order.
The court issued notice on the plea and ordered that UP government officers should be released forthwith.
The top court directed SC's Registrar judicial to inform the order of this court to Allahabad HC's registrar general for compliance forthwith.
Allahabad High Court on Wednesday noted that the averments made in the affidavit and the conduct of the officers suppressing material facts and misleading the Court, prima facie, have committed criminal contempt of the Court.
Hence, the court order directed that officers present in the Court, namely, Shri Shahid Manzar Abbas Rizvi, Secretary (Finance) UP's Lucknow and Sarayu Prasad Mishra, Special Secretary (Finance) are taken into custody and they shall be produced before Court on April 20, 2023, for framing of charge.
The HC also issued bailable warrants to Chief Secretary, Uttar Pradesh, Lucknow, and Prashant Trivedi, Additional Chief Secretary (Finance) UP's Lucknow, through the concerned Chief Judicial Magistrate, to ensure their presence before this Court on 20 April 2023. The HC also said that the officers shall show cause as to why charges may not be framed against them.
The HC noted that matter pertaining to providing domestic help and other facilities to the former Chief Justices and former Judges of this Court was kept pending on one pretext or the other.
