SC orders release of UP IAS officers arrested on order of Allahabad HC

The division bench of the HC had on April 4 passed directions to the state to implement a rule that will provide facilities to retired judges

The Supreme Court on Thursday ordered release of two IAS officers of Uttar Pradesh after they were taken into custody on an order of the Allahabad high court over non-compliance with an earlier high court decision to provide facilities for retired judges.

The bench also stayed the order of the high court by which bailable warrants were issued to the officers. (ANI file image)

On an urgent mentioning of the case by the Uttar Pradesh government, a bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud also stayed the order of the high court by which bailable warrants were issued to the chief secretary and additional chief secretary.

Terming it as an unfortunate incident, the state government led by additional solicitor general (ASG) KM Nataraj urged the Court for immediate orders as the two officers -- finance secretary SMA Rizvi and special secretary (finance) Sarayu Prasad Mishra – were still in custody.

Moreover, the ASG pointed out that the orders were passed in a writ petition filed by the association of retired Supreme Court and high court judges.

The bench, also comprising justice PS Narasimha, issued notice on the state’s appeal and posted the matter for April 28.

It said, “Till the next date of hearing, there will be stay of the orders passed by the HC on April 4 and April 19.”

Further, it added, “The officers of the UP government taken into custody shall be released forthwith.”

The top court also directed the Supreme Court registrar to communicate the order telephonically to the registrar general of the Allahabad high court for immediate compliance.

The division bench of the HC had on April 4 passed directions to the state to implement a rule that will provide facilities to retired judges.

This included a provision of domestic help/s to retired judges. As the state failed to provide the same, the Court issued show cause notices of contempt against the chief secretary and additional chief secretary ordering arrest of the two officers of the state present in Court.

ASG Nataraj told the Court that the issue on which HC required compliance from the state was a finance-related matter which required Governor’s concurrence too.

The state filed an affidavit in HC earlier this week informing that a proposal with regard to benefits to retired judges had been forwarded by the law department to the finance department.

The HC accused the state of suppressing facts and misleading the Court as the affidavit did not disclose reasons for not approving the proposal seeking perks for retired judges.