Supreme Court Orders Release Of UP Govt Secretaries Taken Into Custody By Allahabad HC Over Non-Compliance Of Directions On Retired Judges' Perks

The Supreme Court on Thursday stayed the order of the Allahabad High Court which took 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 for retired judges. The Court directed the immediate release of the officers who were taken into custody.

A bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha passed the order after an urgent mentioning on behalf of the UP Government by Additional Solicitor General KM Nataraj, who termed the High Court's order as "very peculiar". The Supreme Court bench also stayed the bailable warrant issued by the High Court to Chief Secretary and Additional Chief Secretary (Finance) of 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", ASG told the bench.

Dictating the order, CJI DY Chandrachud 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."

The matter is now listed for hearing next Friday.

High Court's order 

The Allahabad High Court had taken the officials into custody in a contempt petition filed by the Association of Retired Supreme and High Court judges. Noting that the officers were in contempt of the directions, a division bench of the High Court on Wednesday took into custody the officers, who were present in the court, and asked them to be produced today for framing of charges.

The bench of Justice Suneet Kumar and Justice Rajendra Kumar-IV further issued bailable warrants against the Chief Secretary and Additional Chief Secretary (Finance) of the UP govt through the concerned Chief Judicial Magistrate, to ensure their presence before the Court on 20 April 2023.

The order was passed by the Division bench 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 HC on one pretext or the other.

"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 Court remarked.

Previously, on April 4, the HC directed the state government to execute/notify Rules/Guidelines approved by the Chief Justice for providing certain benefits to former Chief Justices and former Judges of the High Court of Allahabad, including a provision to provide domestic helps.

Click here to read the High Court's order

Click Here To Read/Download Supreme Court Order