Covering Law & Justice.

"Disrespecting Judicial Orders is Unpardonable": Allahabad HC Holds Police Officers in Contempt Over Custodial Lapses

In a stinging rebuke to investigative overreach, the Allahabad High Court has held a Station House Officer (SHO) and an Investigating Officer (IO) in contempt for the illegal detention of an accused and their repeated failure to produce mandatory CCTV footage. Justice Arun Kumar Singh Deshwal, presiding over the bail application of Sanu @ Rashid , underscored that judicial orders are not mere suggestions, but the bedrock of the rule of law.

A Pattern of Non-Compliance

The case originated from a plea for bail in an alleged loan fraud involving Axis Bank and Bajaj Finance Ltd. However, the legal proceedings took a dramatic turn when the applicant’s counsel revealed that the police had held the applicant in custody since September 14, 2025, without reporting a formal arrest until September 17.

When the Chief Judicial Magistrate (CJM) of Lalitpur issued multiple orders demanding CCTV footage of the police station—as mandated by the Supreme Court in Paramvir Singh Saini v. Baljit Singh —the local police repeatedly defied these directives, offering only vague excuses about data storage capacity.

The Court’s Scathing Analysis

Justice Deshwal noted that the police officers had not only violated the applicant’s constitutional rights under Articles 21 and 22 but had committed a "deliberate disregard" for the judiciary.

Rejecting the officers' unconditional apologies as inadequate, the Court held them guilty of contempt of the CJM’s court. In a move to assert judicial authority, the Court sentenced both officers to “custody till the rising of the Court.”

Key Observations

The judgment serves as a stern reminder of the judiciary's role as the guardian of civil liberties:

• On the sanctity of judicial orders: "Disrespecting or disregarding the judicial orders passed by the judicial officers in the District Courts is absolutely unpardonable and deserves to be punished."
• On police compliance: "The facts of the present case show that the police officers... disregarding the order of the CJM, who is the head of the Magistracy in the District Court... is challenging the authority of law."
• On custodial rights: "Depriving a person of his/her personal liberty by arresting him/her otherwise to the established procedure of law is not only the violation of statutory mandate... but also constitutional right."

Expanding Judicial Oversight

In a path-breaking direction, the High Court held that judicial officers, including CJMs and Magistrates, may now conduct random inspections of police stations after court hours—with prior intimation to the District Judge—to ensure CCTV functionality. This act of inspection is officially recognized as part of their judicial duty to uphold Paramvir Singh Saini guidelines.

Final Decision: Bail and Compensation

Recognizing the illegal nature of the detention, the Court ordered: 1. Compensation: The State Government must pay Rs. 1 lakh to the applicant, with the liberty to recover the amount from the officers responsible for the illegal detention. 2. Bail Relief: The applicant was granted bail, subject to strict conditions, including an undertaking to return Rs. 15 lakhs to the finance company involved. 3. Institutional Accountability: The Director General of Police, U.P., has been directed to review the conduct of the involved officers and take appropriate action.

This judgment reinforces the principle that the executive cannot operate above established legal procedures, and the judiciary remains fully empowered to enforce the "Paramvir Singh Saini" mandates to ensure the safety and liberty of every citizen.