In a strongly worded order, the Allahabad High Court declared that a judicial officer, while performing judicial duties, stands above the District Magistrate, the District Police Chief, and even the political head of a State. Ignoring a magistrate’s order, the Court said, is “not pardonable” and strikes at the authority of law itself.
The ruling came from a Bench led by Justice Arun Kumar Singh Deshwal while hearing a contempt matter arising out of Lalitpur.
Background of the Case
The case began with a bail plea filed by Sanu alias Rashid, accused in a cheating case. His family alleged that he was picked up on September 14, 2025, but his arrest was not officially recorded. His sister approached the Chief Judicial Magistrate (CJM), Lalitpur, claiming illegal detention.
Taking the allegation seriously, the CJM directed the Station House Officer (SHO) and the Investigating Officer (IO) to produce CCTV footage of the police station for specific dates. Despite repeated orders in September and November 2025, the footage was never produced.
The CJM also questioned the early morning arrest of a woman co-accused, pointing out legal safeguards that restrict the arrest of women during certain hours.
When the matter reached the High Court on February 4, 2026, the SHO and IO were summoned. They appeared and tendered an unconditional apology, stating that the CCTV footage had been automatically deleted due to limited storage capacity.
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The Bench was not convinced.
“The question here is not only of violation of personal liberty under Articles 21 and 22 of the Constitution,” the Court observed, “but also of deliberate disobedience of judicial orders, which lowers the authority of law.”
The Court found that the officers had intentionally failed to comply with the CJM’s directions. It stressed that judicial officers are the first line of protection for ordinary citizens and cannot be equated with administrative officials.
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Invoking powers under the Contempt of Courts Act, the High Court held both officers guilty of contempt for willful disobedience. However, taking a lenient view on sentence, it directed that they remain in custody inside the courtroom until the rising of the Court at 4:00 PM.
The Court further held that the applicant had been illegally detained for three days in violation of Supreme Court guidelines. It directed the State to pay ₹1 lakh as compensation, with liberty to recover the amount from the responsible officers.
The applicant was granted bail on the condition that he transfers ₹15 lakh to the complainant’s finance company within 15 days.
