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

Allahabad: In a strong observation, the Allahabad High Court on Friday flagged a disturbing pattern of police interference in judicial functioning in Uttar Pradesh, stating that police officers—particularly at the district level—are routinely pressuring judges, especially chief judicial magistrates (CJMs), to pass orders of their choice.

Justice Arun Kumar Singh Deshwal told the State counsel that the Court would not allow Uttar Pradesh to turn into a police state, remarking, “We cannot allow this to become a police State.”

The remarks were made while the judge was interacting with Director General of Police (DGP) Rajiv Krishna and Additional Chief Secretary (Home) Sanjay Prasad, who had been directed to appear via video conferencing. The officers were asked to explain what steps were being taken to address the growing instances of police shooting accused in their legs.

During the hearing, the Court noted that police officers—particularly younger IPS officers—were exerting undue influence on judges in district courts. Justice Deshwal said that in almost every district, legal procedures and Supreme Court directions were being ignored.

“I have not come across a single case where the law or the directions of the apex court have been followed. This often turns into a confrontation between the district police chief and the judicial officer,” the Court observed. It added that whenever a CJM or judicial officer questions non-compliance, a tussle begins between the Superintendent of Police (SP) and the judge, with the SP pressurising the court for favourable orders.

The judge revealed that in one instance, a CJM was transferred merely to put an end to such conflict, clarifying that this issue was widespread and not confined to any single district. He said district judges across Uttar Pradesh had shared similar feedback, highlighting that young IPS officers frequently attempt to intimidate judicial officers. Justice Deshwal pointed out that if the police are dissatisfied with a judicial order, they have the legal remedy of filing a revision or challenging the order before a higher court.

The Court also said it had received representations from bar association leaders alleging that senior police officers sometimes enter courtrooms and attempt to influence judicial proceedings. Stressing the need for mutual respect between the police and the judiciary, the judge warned that friction between the two institutions ultimately harms the public.

Justice Deshwal underlined that no police officer should consider himself superior to a judicial officer. “Once a judicial officer is seated on the dais, even if he belongs to the junior division, he is above everyone present before him,” the Court said. The judge also mentioned that he had instructed trial court judges not to rise from the dais even when he visits courts for inspection, stating that, by protocol, the presiding judicial officer holds a higher position at that moment.

Responding to the Court’s concerns, DGP Rajiv Krishna assured that necessary instructions would be issued to ensure proper protocol is followed. “The majesty of law is supreme,” he said.

The Court concluded by cautioning that ego clashes between police and judicial officers serve no purpose, reiterating that the authority to punish lies with the judiciary and not the police. DGP Krishna agreed, stating that the police are required to function strictly within the bounds of the law.