Allahabad High Court Pulls UP Police, CWC for Detaining Woman Despite Stay Order

The Allahabad High Court recently directed the production of a woman, currently lodged in Nari Niketan, Ballia, after recording that she was arrested and deprived of her liberty despite a subsisting judicial order staying her arrest.

Court issued notices to senior district officials in Mau, asking them to explain by what authority they acted in violation of its directions and why contempt proceedings should not be initiated against them.

The order came in a habeas corpus petition filed by one Mrs. Sarita and another, wherein the court had earlier stayed her arrest in connection with an FIR lodged by her mother. Sarita, who had married one Amresh according to Hindu rites on 24 December 2024, faced allegations under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita, 2023. The couple had already approached the high court challenging the FIR, and on 18 July 2025 the court granted a stay of arrest to both of them until the next date of listing.

Despite the stay, Sarita was taken into custody before 29 July 2025 and produced before the Child Welfare Committee at Mau, which ordered her internment at the One Stop Centre in the district.

When the habeas corpus petition came up before the bench of Justices J.J. Munir and Sanjiv Kumar, it noted that its stay order of 18 July remained in force on the date Sarita was detained and continued thereafter.

Taking a serious view of the apparent breach of judicial directions, the bench observed that no executive authority, including the police or the Child Welfare Committee, could take any action that violates a court’s order.

It remarked that such action is non est in law and constitutes an act of contempt of court. The bench questioned how the police could arrest Sarita or otherwise deprive her of liberty when the stay order clearly restrained her arrest until 29 July 2025 and was extended on that date.

Court issued notices to the Superintendent of Police, Mau; the Station House Officer of Madhuban police station; and the Chairperson of the Child Welfare Committee, Mau, directing them to file affidavits by 17 December 2025 explaining the legal authority under which Sarita was detained and produced before the CWC despite the operative stay. They have also been asked to show cause why cognisance of civil contempt should not be taken against them and the matter placed before the judge handling contempt jurisdiction.

To ensure compliance, court ordered that notices be served through the Chief Judicial Magistrate of Mau within 24 hours. Notice must also be served upon respondent no. 7 in the same manner. Court directed the Registrar (Compliance) of the high court to ensure that the SP Mau, the SHO Madhuban, the CWC Chairperson, and the Superintendent of Nari Niketan, Ballia receive the court’s communication without delay.

The bench further directed that Sarita be produced before the court on the next date of hearing by the concerned authorities without fail. Sarita, presently lodged in Nari Niketan (Balika), Ballia, is to be brought before the bench on 17 December 2025.

The matter has been adjourned to 17 December 2025, when the court will take up the authorities’ responses and consider whether proceedings for civil contempt are warranted in view of the alleged violation of its earlier order. 

Case Title: Smt. Sarita and another vs. State of U.P. and others

Order Date: December 10, 2025

Bench: Justices J.J. Munir and Sanjiv Kumar