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ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Satish Kumar Ravi – Appellant
Versus
State Of Jharkhand – Respondent
Key Points: - The court held that a directive allowing charge-sheets against an accused under non-coercive orders is illegal and must be modified (!) . - An order prohibiting coercive action does not prevent filing a charge-sheet, but filing one in contravention may expose officers to contempt (!) , (!) . - The court directed modification of a letter dated 15th April, 2011 (ADGP, Jharkhand) that stated there was no prohibition on filing charge-sheets despite court orders (!) , (!) . - The directive in the police letter declaring no prohibition on filing charge-sheets despite no coercive action was deemed illegal, and the court directed its modification (!) . - The learned counsel for the State was directed to bring the observations to the attention of the ADGP and to modify the letter accordingly (!) . - The apology tendered by three officers was accepted and no further action was called for against them; the notice of contempt was discharged (!) . - Interim relief granted by the Court shall continue to operate (!) . - The hearing was listed for 17th January, 2025 (!) . - The affidavits of police officers stated compliance with the prior order directing no coercive action (!) . - The court’s finding identified the paragraph 3 of the 2011 letter as completely illegal (!) .
ORDER :
1. Perused the affidavit of Shri Deepak Kumar, Deputy Superintendent of Police, Shri Tarkeshwar Prasad Kesari, Investigating Officer and Shri Dayanand Kumar, Station House Officer. They have stated that they read the order of this Court which directed them not to take any further action against the petitioner as an order directing that no coercive action shall be taken against the petitioner.
2. They have relied upon a letter dated 15th April, 2011 addressed by the Additional Director General of Police, Jharkhand to all Police Officers in the State. It is stated in the letter that even if court passes an order that no coercive action shall be taken as against the particular accused, there is no prohibition on filing charge-sheet against the accused. If a charge sheet is filed by relying upon clause 3 of letter dated 15th April, 2011 against an accused in whose favour there is an order directing not to take coercive action, the concerned officer will expose himself to contempt jurisdiction.
3. Therefore, what is stated in paragraph 3 of letter dated 15th April, 2011 is completely illegal. We direct the learned counsel appearing for the State to invite attention of the Additiona
The court ruled that a directive allowing charge-sheets against accused under non-coercive orders is illegal, emphasizing the need for compliance with court orders.
The court may close a contempt petition if an appeal concerning the underlying order is pending, allowing revival upon non-compliance post-appeal.
The court ruled that interim protection from coercive action is permissible when the appellant cooperates with the investigation, ensuring adherence to the procedural rights established under the Cri....
A contempt petition can be closed if an appeal against the order is stayed, allowing revival upon non-compliance.
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