ALLAHABAD: Taking serious note of non-compliance of the high court's order by the chief judicial magistrate (CJM) of Allahabad, the Allahabad high court has asked her to file a show cause as to why she should not be directed to be prosecuted for wrongfully confining an accused granted bail by the court.
Passing the order, Justice Dharnidhar Jha observed, "This court is serious about such instances of disobedience and indiscipline which are being exhibited by officer after officer of the subordinate judiciary and it is now required that the situation be dealt with appropriately."
The court also asked the CJM, Allahabad, Preeti Srivastava, to show cause why she should not be prosecuted for contempt of court. The CJM is required to file her show
cause by February 20, as to why an entry be not incorporated in record that she does not have respect for the direction of the court.The brief facts of the case were that that one Arif was an accused in a murder case and the Allahabad High Court on January 13 directed that he be released on bail. However, he was not released on bail because the sections relating to crime were not mentioned in the bail order.
When this matter was brought to the notice of high court, it took a serious note of the issue and observed, "It is simply shocking that in spite of an order of bail passed by this court in a bail application directing the furnishing of the bond of amount with surety as indicated in that order dated January 13, 2014, the Chief Judicial Magistrate, Allahabad, had asked this court through the petitioner to incorporate the sections of offences after the case crime number which appears in that order. Subordinate judges are acting as if they were officers superior to the High Court."
Passing the directives and observations, Justice Jha directed the District Judge, Allahabad, to ensure that the applicant be released from jail and also that a copy of this order be served on the CJM.
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Passing the order, Justice Dharnidhar Jha observed, "This court is serious about such instances of disobedience and indiscipline which are being exhibited by officer after officer of the subordinate judiciary and it is now required that the situation be dealt with appropriately."
The court also asked the CJM, Allahabad, Preeti Srivastava, to show cause why she should not be prosecuted for contempt of court. The CJM is required to file her show
cause by February 20, as to why an entry be not incorporated in record that she does not have respect for the direction of the court.The brief facts of the case were that that one Arif was an accused in a murder case and the Allahabad High Court on January 13 directed that he be released on bail. However, he was not released on bail because the sections relating to crime were not mentioned in the bail order.
When this matter was brought to the notice of high court, it took a serious note of the issue and observed, "It is simply shocking that in spite of an order of bail passed by this court in a bail application directing the furnishing of the bond of amount with surety as indicated in that order dated January 13, 2014, the Chief Judicial Magistrate, Allahabad, had asked this court through the petitioner to incorporate the sections of offences after the case crime number which appears in that order. Subordinate judges are acting as if they were officers superior to the High Court."
Passing the directives and observations, Justice Jha directed the District Judge, Allahabad, to ensure that the applicant be released from jail and also that a copy of this order be served on the CJM.
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