Lawstreet Journal

Disregard shown by senior-most officials to orders passed by Court has grave consequences on rule of law: Allahabad HC [READ ORDER]

Lawstreet Journal 12 Jun 2021 8:01pm

Image courtesy: Lawstreet Journal Judiciary Disregard shown by senior-most officials to orders passed by Court has grave consequences on rule of law: Allahabad HC [READ ORDER]

The Allahabad High Court on Thursday (June 10, 2021) condemned the UP Police for its repeated failure to provide instructions to government advocates regarding bail applications.

“It may be added that disregard shown by the senior-most officials to the orders passed by the Court has grave consequences on the rule of law in the country”, the court said.

A single-judge bench of Justice Abhay Bhanot was hearing a bail application of one Sanjay who was accused under Section 394 (Voluntarily causing hurt in committing robbery), 411 (Receiving stolen property), 420 (Cheating and dishonestly inducing delivery of property), 467 (Forgery of valuable security, will, etc.), 468 (Forgery for the purpose of cheating), and 471 (Use as genuine a forged document or electronic record).

The Additional Government Advocate (AGA) could not satisfactorily present the case as he did not have instructions from the police authorities. The police authorities repeatedly failed to provide the required instructions to the government advocate despite being given substantial time.

The Court stated that the failure on part of the police authorities to provide instructions indicates a potentially destructive effect on the rule of law. 

“This Court repeatedly noticed the failure of the police authorities to provide instructions to the learned Government Advocate of bail applications from time to time as repeatedly observed. Once the police authorities have been alerted to the fact that their failure to provide instructions in time strikes at the root of law. It often leads to unjustified incarceration of an accused in… Continue Reading...


Tagged: Allahabad High Court  
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