LUCKNOW: On a reprimanding note, the Allahabad High Court, on Friday, observed that police officers in Uttar Pradesh were mounting pressure on judges on a regular basis, particularly, chief judicial magistrates (CJMs), to pass specific orders.
In a terse message to the state authorities, a single-judge bench, comprising Justice Arun Kumar Singh Deshwal, told the State counsel that the Court would not allow Uttar Pradesh to become a Police State.
The judge made the observations while addressing Director General of Police (DGP) Rajiv Krishna and Additional Chief Secretary (Home) Sanjay Prasad during a hearing.
The officers had been asked to appear via video conference to explain the action being taken to curb the growing trend of UP police shooting the accused persons in the legs.
During the hearing, the Court observed that police officers, especially those new to the service, used to mount pressure on judges, particularly in the trial court at the district level.
“In districts, the law is not being abided by. I have not come across a single case where the law or the direction of the apex court has been followed. Sometimes, this has become a bone of contention, a dispute between the district police chief and the judicial officer. Whenever the judicial officer or CJM asks the police authority as to why they don’t comply, then a tussle starts between the Superintendent of Police (SP) and the judicial officer. This has become a routine feature that the SP starts pressurising the judicial officer for a particular order,” the Court said.
Justice Deshwal also said that just to stop this tussle, a CJM had to be shifted.
However, the judge clarified that this trend of police high-handedness was not limited to a particular district.
“In most of the districts, I got feedback from district judges that, especially young police officers, being IPS officers, start pressurising judicial officers. If they are not satisfied, they can file a revision before the district judge or challenge the order," said Justice Deshwal.
The Court also said that it had received inputs from leaders of bar associations over senior police officers sometimes entering the courtroom and putting pressure on the judicial officer.
The judge stressed that there must be mutual respect between police authorities and the judicial officers, failing which the common people would suffer.
The Court added that a police officer should not consider himself superior to a judicial officer.
“Once a judicial officer is sitting on the dais, he may be a junior division officer; he is above all persons in front of him,” the Court emphasised.
The judge added that he had instructed trial court judges not rise from the dais in courtrooms when he is on inspection. “At that time, in protocol, he is above me,” Justice Deshwal said.
DGP Krishna assured the Court that instructions would be issued to have proper protocol if it was missing. “Majesty of law is supreme, there is no doubt about that,” said the UP DGP.
The Court emphasised that the ego clash between police officers and judicial officers would not serve any purpose.
“Power to punish is in the domain of the judiciary and not with the police,” the Court underscored.