Senior state officials in Uttar Pradesh often don’t comply with court orders: Allahabad High Court

The Allahabad High Court recently remarked that senior officials in the State of Uttar Pradesh often do not comply with court orders within the stipulated time [Ankit Baliyan v. State of UP and 2 Others]..While censuring the Gautam Buddh Nagar Commissioner of Police in one such case, the Court said that this practice amounts to creating a hindrance in the administration of justice.“This apathetic attitude of the officer concerned indicates that either she has no respect to the order of the Courts or she has nothing to counter the submissions made on behalf of the applicant. Such conduct of the Commissioner of Police, Gautam Buddh Nagar is not approved by this Court,” Justice Sanjay Kumar Singh said..The Court made the observations while dealing with the anticipatory bail plea of a constable named Ankit Baliyan.A case was registered against Baliyan in September 2023 after the recording of a WhatsApp voice call allegedly revealed that he threatened to implicate a scrap dealer in a false case and demanded ₹1 lakh from him. Baliyan was also dismissed from service on the same day the call recording went viral, his counsel told the Court. .While granting interim protection from arrest to Baliyan, the Court last month ordered the Police Commissioner to file a personal affidavit in the case. The Commissioner was also asked to explain the compelling circumstances under which the official was dismissed on the same date.The Court further sought details on the number of corruption cases in which the accused police personnel were dismissed on the same day without any show cause notice or proper inquiry, over the past three years..When the matter was taken up on Tuesday, March 12, senior officers of the Noida Police were present, but the Commissioner had not filed the affidavit as sought by the Court on February 26.Taking exception to the conduct of the Commissioner of Police, the Court directed the Director General of Police to look into the matter.“Since, despite being given reasonable time of two weeks' the Commissioner of Police, Gautam Buddh Nagar did not provide any assistance to this Court with regard to correct factual position of the case, therefore, this Court feels that matter should be referred to Director General of Police, U.P., Lucknow for taking corrective measures,” it ordered..On the merits of the case, the Court found that the First Information Report (FIR) against Baliyan was registered without verifying the genuineness of the audio recording and tracing its original source. The Police told the Court that the WhatsApp call was recorded by an “unknown passer-by” and thereafter one Shakir transferred it to his mobile phone. He then deleted the original recording, the Police said.The Court thus observed that it was an admitted fact that neither the original source of the alleged Whatsapp voice call recording, nor the mobile number and the mobile phone by which the voice call was allegedly recorded, are available with the investigating officer. “They have also admitted that whereabouts of so-called passer-by is not known,” it added..The Court further noted that the Police had not denied the fact that the alleged victim had moved an affidavit before the trial court to state that no such call had been made.In this backdrop, the Court granted absolute anticipatory bail to Baliyan. It further remarked that there was something “fishy” in the case.“It appears that the officers concerned do not want to bring on record the correct facts of this case, whereas it is well settled that fair and transparent investigation is the legal right of victim as well as the accused."Thus, the Court called for impartial investigation be undertaken, and asked the DGP to ensure the same.Advocates Awadhesh Kumar Pandey and Kunal Shah represented the petitioner..[Read Order]