HC terms DSP’s conduct in obstructing bail order execution as ‘condemnable’, warns of criminal contempt
The Punjab and Haryana High Court has described Kaithal Deputy Superintendent of Police’s conduct in directing an accused to produce an attested copy of his bail order instead of allowing him to join investigation as “condemnable”. Justice Sandeep Moudgil asserted that the officer’s conduct amounted to an attempt to commit criminal contempt of court, before asking him to specify why a show-cause contempt notice be not issued.
“Such conduct of Kaithal DSP is not only condemnable but would tantamount to an attempt to commit contempt of court particularly criminal contempt. Hence, he is directed to file a reply as to why show-cause notice be not issued against him. Necessary reply to the show-cause notice be submitted before this court on or before May 26,” Justice Moudgil asserted.
The court observed that bail was granted to the accused with the condition that the appellant would join investigation within a week. The appellant, in compliance, appeared before Kaithal DSP on April 5. The officer, instead of permitting the accused to join investigation, sent back the accused asking him to produce certified copy of the court order.
The counsel for the appellant submitted that this conduct led to the accused person’s subsequent arrest in another FIR, and judicial custody. “Instead of giving time to the present appellant, he was arrested in another FIR registered at Krishna Gate police station in Kurukshetra and was remanded to judicial custody,” he added.
Justice Moudgil’s Bench was told that the reply filed by the DSP before the Judicial Magistrate admitted that the accused had come to his office along with his mother and uncle to join the investigation but was verbally told to bring the attested copy.
