On Allahabad HC’s Instructions Two Top UP Officials Taken Into Custody, Charges To Be Decided Today
Prayagraj, April 20 (TNA) The Allahabad High Court on Wednesday ordered to take Finance Department Secretary SMA Rizvi and Special Secretary Saryu Prasad Mishra into judicial custody. Both have been directed to appear in the court on Thursday at 11 am to decide the charge of contempt.
The Allahabad High Court has taken a strict stand in the matter of disobeying the order regarding providing facilities to the retired judges of the Supreme Court and High Court. The court on Wednesday ordered to take Finance Department Secretary SMA Rizvi and Special Secretary Saryuprasad Mishra into judicial custody. It is learnt that the UP government has reached the Supreme Court in the night itself for an immediate hearing in this matter.
The High Court has also summoned UP Chief Secretary and Additional Chief Secretary (Finance) Prashant Trivedi to the court on Thursday with a bailable warrant through Judicial Magistrate Lucknow. An explanation has also been sought from these officers as to why contempt charges should not be framed against them.
This order has been given by the division bench of Justice Sunit Kumar and Justice Rajendra Kumar-IV on the petition of Retired Judges Association. Following the order of the High Court, the Additional Advocate General requested the officers to be granted bail. The court has asked to consider this only during the hearing on Thursday.
The High Court said, both the officers misled by filing false affidavits. The officers are adamant in not complying with the order without any valid reason, which prima facie amounts to contempt. The officials have applied to withdraw their previous order from the court. It is not clear which part of the order has to be withdrawn. Therefore, there is a demand to withdraw the entire order.
Senior advocate LP Mishra, appearing for the authorities, countered. This escalated the tension and the court ordered to take both the top officers of the Finance Department into custody at around 3 pm.
The court said, the officers said in the affidavit that there is no objection to modifying the mandate of 2018. He raised the issue of Article 229, which is not in the petition. It also said that the Chief Secretary has taken a meeting on 13 April. The Advocate General has also given opinion to comply with the order. Law Department has sent amendment proposal in Article 229 on April 6, 2023, which was not approved. This is contempt of court.
The High Court had ordered to issue appropriate orders by superseding the earlier mandate of July 3, 2018. It was also said that following the proposal of the High Court, the Finance Department should give approval in a week, which should be presented on the next hearing. Failing to do so, all the officers including the Additional Chief Secretary were summoned again on April 19. The order was not followed and on Wednesday both the officers including Principal Secretary Law and Justice were present.