Allahabad High Court

UP police censured for failing to instruct government counsel in bail matters; disregard for court orders by senior officials has “grave consequences” on rule of law, says Allahabad HC

THE Allahabad High Court Thursday censured the state police for its repeated failure to provide instructions to government advocates in bail matters.

The court said the police authorities’ failure to provide timely instructions to government lawyers struck at the root of the law.

“It often leads to unjustified incarceration of an accused in jail”, Justice Ajay Bhanot said.

The judge made these remarks while hearing a bail application filed by one Sanjay accused under Sections 394(Voluntarily causing hurt in committing robbery.); 411 (Dishonestly receiving stolen property.); 420(Cheating and dishonestly inducing delivery of property.); 467 (Forgery of valuable security, will, etc.); 468 (Forgery for purpose of cheating) and 471 (Using as genuine a forged) of the Indian Penal Code (IPC).

The Additional Government Advocate (AGA) could not dispute the submissions made by the lawyer for the accused as the former was not given instructions by the police authorities despite the provision of ample time.

The high court referred to its earlier order in which it had directed the Director-General of Police to ensure that a fair, transparent and clear procedure for supplying instructions to the GA/AGA in bail applications before the high court was created and implemented across U.P.

The “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,” Justice Bhanot said.

“It was assured by the learned A.G.A. in Criminal Misc. Bail Application no. 19839 of 2021, that the state government is committed to uphold the rule of law in the state even if it is taken on its face value. However this repeated deviation merely reflects aberrations in the system and faults on the part of individual officials who need to be appropriately counselled in this regard”, the court said.

The court hoped that expeditious steps would be taken by the police authorities for compliance with the directions given to the Director-General of Police, U.P. Police.

On the merits of the case, the court granted bail to the accused.

Click here to read the order