SC refuses to keep in abeyance NBW issued against jail superintendent

The Supreme Court on Thursday refused to keep in abeyance the non-bailable warrant (NBW) issued against the superintendent of district jail of Gautam Buddh Nagar in Uttar Pradesh for releasing an accused from prison despite the apex court order cancelling his bail. The matter was mentioned before a bench comprising Justices N V Ramana and Ajay Rastogi and the counsel appearing for the jail superintendent said the officer would appear before the court on September 23 as directed by the top court, but the NBW should be kept in abeyance till then.

"Let him come (before the court)," the bench said. The lawyer, while saying that the superintendent had committed a mistake, again urged that the NBW be kept in abeyance.

"No. Let him appear. Nothing will happen till then. You are admitting that you have violated the order. I am not going to change my order," Justice Ramana said. Earlier, a bench headed by Justice Ramana had issued the NBW against the jail superintendent while admitting a contempt petition filed against him.

The bench had passed the order while hearing a contempt plea filed by a man who had earlier approached the top court challenging the Allahabad High Court order granting bail to the accused in a criminal case. The apex court had in July last year directed the Uttar Pradesh government not to release the accused from jail, if he was still under custody, until further orders.

Later, on December 3, 2018, the apex court had set aside the high court's order granting bail to the accused. In his contempt plea, the petitioner has said that after the order in December last year, the jail superintendent sought a new jail custody warrant for the accused from the trial court.

The contempt plea said that without waiting for custody warrant, the jail superintendent released the accused from prison. The petitioner has alleged that the jail superintendent "willfully, illegally and arbitrarily" released the accused from jail in "total dereliction" of duty despite the apex court's order by which the bail granted to him by the high court was cancelled.

He has said that when the trial court concerned came to know that the accused has been released by jail authorities despite the apex court order cancelling his bail, the trial judge issued a NBW against him but he has not been arrested yet. The petitioner has alleged that after the accused came out of jail, he had attempted to kill him and the police was not lodging an FIR in the matter.