New Delhi: The Supreme Court on Wednesday stayed the order of the Allahabad High Court which had asked the Uttar Pradesh Chief Secretary to appear personally before it in connection with the case of a wrong invocation of the Gangsters Act against a man by Barabanki District Magistrate and police.

On Tuesday, the UP govt had submitted before the apex court that the CS, Jawed Usmani, could not appear before the Allahabad HC as he had gone abroad for medical treatment and instead of the CS, his subordinate had appeared before the HC.

After going through the UP govt’s submission today about the medical report of Usmani, a division bench of the Apex Court comprising Justices Altamas Kabir and J Chelameshwar accepted the state govt’s plea and stayed the Allahabad HC’s order.

Background of the case

It is to be noted that the HC is hearing the case of wrong invocation of the Gangsters Act against Dinesh Lonia by Barabanki DM and police.

The apex court had earlier castigated the UP CS for failing to appear before the Allahabad HC saying "Your conduct is not at all correct. Why did you disobey the court order? We will not allow this.”

"Your conduct has been very very bad. You may be the chief secretary, but you have to obey the law. You have to obey the law otherwise there will be no rule of law in this country," the bench had told senior counsel S R Singh appearing for the state.

But despite the assurance, the official had failed to appear before the HC and incurred the wrath of the bench.

The HC on July 3 had passed severe strictures against the Barabanki DM and other officials while dealing with the bail plea of Lonia who had also challenged the state's decision to invoke the UP Gangster and Anti Social Activities (Prevention) Act, 1986 against him. 

It had also directed the CS to probe into the conduct of Barabanki DM and submit a report to it within a month, failing which it had said the top civil servant will have to appear before it.

Aggrieved by the high court direction, the state had come to the apex court, which had told it go back to the high court itself.

Mala Dixit / JPN

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