Cops pressurising judges; can't allow UP to become police State: Allahabad High Court

The Allahabad High Court on Friday made a sharp observation, saying that police officers in Uttar Pradesh are frequently exerting pressure on judges—especially chief judicial magistrates (CJMs)—to secure favourable orders.

Justice Arun Kumar Singh Deshwal told the State counsel that the Court would not allow Uttar Pradesh to turn into a police State, remarking, “Dekhiye isko na police State nai banane dena [See, we can’t allow this to become a police State].”

The remarks were made while the judge was addressing Director General of Police (DGP) Rajiv Krishna and Additional Chief Secretary (Home) Sanjay Prasad during a hearing. The senior officials had been asked to join the proceedings via video conferencing to explain what steps were being taken to curb the increasing instances of police shooting accused in their legs.

During the interaction, the Court said that police officers, particularly those who are newly inducted into the service, were routinely pressuring judicial officers in district courts.

“Across districts, the law is not being followed. I have not come across even a single case where the law or the directions of the apex court have been complied with. Many times, this turns into a dispute between the district police chief and the judicial officer. Whenever a judicial officer or CJM asks why directions are not being followed—you must be aware of incidents in some districts—a tussle begins between the Superintendent of Police (SP) and the judicial officer. This has become a routine feature, where the SP starts pressurising the judicial officer to pass a particular order,” the Court observed.

Justice Deshwal further revealed that in one instance, a CJM had to be transferred “just to stop this tussle,” clarifying that such police overreach was not confined to any single district.

“This is not about one district. In most districts, I have received feedback from district judges that especially young IPS officers start pressurising judicial officers. If they are dissatisfied with an order, they have remedies—they can file a revision before the district judge or challenge the order,” the Court said.

The Court also noted that it had received feedback from bar association leaders that senior police officers sometimes enter courtrooms and exert pressure on judicial officers. Emphasising the need for mutual respect between the police and the judiciary, the judge warned that the absence of such respect ultimately harms the common citizen.

The Court stressed that police officers must not consider themselves superior to judicial officers.

“Once a judicial officer is seated on the dais—even if he is a junior division officer—he is above everyone present before him,” Justice Deshwal said. He also disclosed that he had instructed trial court judges not to rise from the dais when he visits courts for inspection.

“At that moment, as per protocol, he is above me,” the judge added.

Responding to the observations, DGP Rajiv Krishna assured the Court that necessary instructions would be issued to ensure proper protocol wherever it was lacking.

“The majesty of law is supreme, there is no doubt about that,” the DGP said.

The Court reiterated that ego clashes between police officers and judicial officers serve no purpose, underscoring that the power to punish lies solely with the judiciary and not the police.

DGP Krishna agreed with the Court’s view, stating that the police are duty-bound to function strictly within the four corners of the law.