According to a report by Bar and Bench, Justice Arun Kumar Singh Deshwal made the observation while hearing a bail application in Sachin Yadav v. State of Uttar Pradesh, in which a police officer’s public relations officer (PRO) was accused of misbehaving with a government counsel over the phone.
The case relates to an allegation that PRO Rajesh Kumar Singh misbehaved with Additional Government Advocate Anurag Pandey when the latter was attempting to inform him about the court’s orders in a bail matter.
“Whenever they [government counsel] inform to any officer about the compliance of the order of this Court, they are discharging their duty in compliance of the order of the Court and misbehaving with them by any officer may be the top-most officer of the State will amount to contempt,” the court observed.
Taking note of the incident, the bench directed that Singh be kept in the custody of the court until 5 pm, after which he would be released.
“This Court instead of passing any stricture against him, directs that he be taken into custody and he will remain in the custody of court till 5 pm, whereafter he shall be released,” the order stated.
The court also directed the Director General of Police (DGP), Uttar Pradesh, to issue a circular to all police officers, making it clear that any misbehaviour with state law officers entrusted with communicating court orders would be dealt with strictly in accordance with law as a matter involving contempt of court.
The order was passed during the hearing of a bail plea filed by a man accused of publishing obscene videos of a victim on social media.
Background of the Case
The court had summoned the investigating officer, Vinay Kumar Mishra, in September after noticing that several facts were missing from the counter-affidavit filed by the state.
When Mishra failed to appear before the court, the Senior Superintendent of Police (SSP), Azamgarh, was directed to execute a non-bailable warrant against him. Mishra subsequently informed the court that he had not been informed about the orders requiring his appearance.
The court then directed the SSP, Azamgarh, and the Station House Officer (SHO) of Maharajganj to appear personally. It also summoned the SSP’s PRO after being informed about his alleged misbehaviour with the government counsel handling the matter.
During the proceedings on October 12, SSP Dr Anil Kumar informed the court that show-cause notices had been issued to the SHO of Maharajganj and Sub-Inspector Subhash Singh over alleged negligence in the matter.
He further informed the court that a show-cause notice had also been issued to the PRO, who had subsequently been removed from the post.
The court appreciated the SSP for taking prompt action in the matter.
