Tuesday, May 3, 2022

Allahabad High Court issues non-bailable warrant against District Magistrate for "gross contemptuous act"


The Allahabad High Court recently issued a non-bailable warrant to Mathura District Magistrate (DM) Navneet Chahal for contempt of court, stating that its order had been "violated with impunity" 

Justice Saral Srivastava passed the order on finding that the DM had refused to implement a judgment of the High Court on the pretext that a review application had been filed against the same by the State government.

"

It is very surprising that despite a clear mandate issued by this Court, the District Magistrate, Mathura sat over in appeal of the order passed by this Court," the single-judge said.

Taking a dim view of the "very causal manner" in which the DM through his affidavit refused to grant the benefit of service rendered by the applicants prior to their regularization, the Court said,

"It is pertinent to note that it is settled in law that if the order of this Court is not stayed or set aside, the order shall remain in force in letter and spirit and nobody can be allowed to violate the order or act in the teeth of order of this Court."

The High Court was angered by the decision of the DM, calling it a "gross contemptuous act", and wondered how he could not understand the intent and simple language of its order.

In view of such "glaring" facts, the Court said that it could not shut its eyes. Therefore, to uphold its majesty and dignity, and to maintain public confidence in the judicial system, a non-bailable warrant was issued against the DM. He was, thus, directed to be produced before the Court in police custody on May 12.

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