SC orders release of UP Secys taken into custody in contempt case

The Supreme Court has stayed an order of the Allahabad High Court which had taken into custody, Special Secretary (Finance) and Secretary (Finance) of the Uttar Pradesh government over the non-compliance of directions to provide domestic help and other facilities to retired judges.

The court directed the immediate release of the officers.

A Bench comprising Chief Justice of India, D Y Chandrachud and Justice P S Narasimha passed the order following an urgent mentioning of the matter on behalf of the UP government. The government represented by additional solicitor general K M Nataraj had termed the High Court as peculiar in nature. The SC Bench also stayed the bailable warrant issued by the High Court to the Chief Secretary and Additional Chief Secretary (Finance) of the UP government in the contempt matter.

"The Court directed to frame rules regarding some facilities for retired judges. The rules have to go to the Governor. There was some technical objection. Meanwhile the Court summoned the Finance Secretaries and directed to take them into custody and asked the Chief Secretary also to be present issuing bailable warrant against him", the ASG told the Bench.

The Bench in its order said, "taken on board. Till the next date of listing, there shall be a stay of the orders of the Division Bench of the High Court of Allahabad dated 04 April 2023 and 19 April 2023. The officers of the Government of Uttar Pradesh who have been taken in custody shall be released forthwith. The Registrar General of this court shalll communicate this order, both telephonically and through email, to the Registrar General of High Court of Allahabad for immediate compliance."

Backgrounder:

The Allahabad High Court had taken the officials into custody in a contempt petition which was filed by the Association of Retired Supreme Court and High Court judges. The court noted that the officers were in contempt of the directions of a Division Bench of the High Court. They were asked to be present before the court for framing of charges.

The order as passed by the HC essentially on the ground that the officers were found to be involved in delaying the facilities such as providing domestic help to the former Chief Justice and former judges of the Allahabad High Court on one pretext or another.

"The approach of the officers of the Finance Department is writ large, that the proposal submitted by the High Court, would not be complied and in their over zealous approach and adamant attitude are opposing compliance of the writ court order without any valid basis," the Allahabad HC had said.