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The Telangana High Court has recently directed 4 weeks imprisonment for an IPS officer and 3 police officers in a contempt case.

A bench of Justice G Radha Rani stated, "The contemnors had violated the direction of the Court for issuing notice of appearance in terms of Section 41-A Cr.P.C. to the accused within two weeks from the date of institution of the case as per the directions of the Hon’ble Apex Court in Arnesh Kumar’s case."

"Violations, which are likely to infringe upon the faith of the public in administration of justice and the court system must be punished, to prevent repetition of such behaviour and the adverse impact on public faith," the bench added.

In the present case, the DCP within a week of the filing of the FIR had issued a Look Out Circular against the petitioner who was in Thailand along with his daughter and mother over an alleged false complaint in a matrimonial dispute.

However, even after knowing about the whereabouts of the petitioner in Thailand, the police officers did not issue any notice in connection with the FIR.

In addition to this, the Court noted that the officers hastily filed charge sheet before the XIII Additional Chief Metropolitan Magistrate, Nampally, Hyderabad and got it numbered instantly on the same day, during the pandemic, without following the rules laid down by the Hon’ble Apex Court in matrimonial laws.

The bench opined that the officers intentionally, wilfully and deliberately played fraud upon the court and forced the XIII Additional Chief Metropolitan Magistrate, Hyderabad to pass wrong order based on their false submissions and got issued non-bailable warrants on April 23, 2021, against the petitioners in violation of law and guidelines of the Apex Court in Arnesh Kumar’s case.

The Court noted, "The protection provided in Arnesh Kumar’s case was against the harassment meted out to the husband and his relatives under the provisions of 498-A IPC. The contemnors were liable for strict prosecution to secure deterrence for the errant police officials who did not confer to the guidelines issued by the Hon’ble Apex Court and prayed to allow the petition."

Contempt proceedings are initiated to ensure compliance with the orders of the Court and adherence to the rule of law. The directions of the Apex Court are binding and must be obeyed by all concerned in a strict sense.

Case Title: Jakka Vinod Kumar Reddy and Anr. Vs. Mr. A.R. Srinivas, Deputy Commissioner of Police and Ors.