In a startling revelation, the Allahabad High Court on Friday said that police officers in Uttar Pradesh are regularly pressurising judges, particularly chief judicial magistrates (CJMs), to pass specific orders..Justice Arun Kumar Singh Deshwal told the State counsel that the Court cannot allow UP to become a police State."Dekhiye isko na police State nai banane dena [See, we can't allow this 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 Uttar Pradesh police shooting accused in their legs.During an exchange with the officers, the Court observed that police officers, especially those new to the service, were pressuring judges, particularly in district courts.“Each and every district, law is not being followed. I have not come across a single case where law or direction of the apex court has been followed. Sometimes, this has become a bone of contention, a dispute between the district police chief and judicial officer. Whenever the judicial officer or CJM asks…you must be aware regarding some incident of some district...Whenever the judicial officer or CJM asks why don’t comply, then tussle starts between the Superintendent of Police (SP) and judicial officer. This [has] became a routine feature that the SP starts pressurising the judicial officer for a particular order,” the Court said..This [has] became a routine feature that the Superintendent of Police starts pressurising the judicial officer for a particular order.Allahabad High Court.Justice Deshwal also revealed 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.“It is not about 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 revision before the district judge or challenge the order."The Court also said that it had received inputs from leaders of bar associations about 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 and judicial officers, failing which the common people will suffer. The Court added that a police officer should not think that he is 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..I have not come across a single case where law or direction of the apex court has been followed.Allahabad High Court.The judge also revealed that he had instructed trial court judges to not rise from the dais in courtrooms when he is on inspection. “At that time, in protocol, he is above to me,” Justice Deshwal said.DGP Krishna assured the Court that instructions will be issued to have proper protocol if it is missing. “Majesty of law is supreme, there is no doubt about that,” Krishna said.The Court emphasised that the ego clash between police officers and judicial officers will not serve any purpose. “Power to punish is in the domain of judiciary and not with the police,” the Court underscored.DGP Krishna agreed that the police are supposed to work within the four corners of the law..Story to be updated..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
