HP HC issues contempt notice to UP dist. Magistrate & SP in parole case
Himachal Pradesh High Court today issued notices of contempt to District Magistrate and Superintendent of Police Bhaghpat district of Uttar Pradesh for not complying the court order to release a NDPS convict on Parole.
The order issued by the division bench of Justice Mr Tarlok Singh Chauhan and justice Satyen Vaidya on July 8, released to media on Monday said.
The Petitioner Sadik who undergoing imprisonment at Model Central Jail Nahan, District Sirmaur (H.P.) who was convicted in a ten years case of NDPS Act was decided to release on parole by the high court on July 29, 2020.
Since the High Court have passed order to release the convicts on parole accepting the plea of the petitioner and rejected objection raised by the District Magistrate Baghpat to not released the convict on parole.
The order said that after rejection of objections made by DM and SP, the two again opposed plea of petitioner and did not comply with court order non-
recommendation of his case by District Magistrate Baghpat, U.P.
Court directed the release the petitioner on parole for a period of 21 days, subject however order could not executed due to non acceptance of Transit or parole bound required to pursue the court order.
We are appalled to note that despite passage of one year the aforesaid order has not been executed.
What is more shocking is that, the District Magistrate, Baghpat as also Superintendent of Police, Bhagpat have chosen to sit over the order of the Court by refusing to release the petitioner on parole.
HC said that both the District Magistrate as also Superintendent of Police, Baghpat are guilty of having deliberately and willfully violated the directions passed by this Court by not releasing the petitioner herein on parole despite specific orders to this effect.
Court order to issued the notice to both officers under Contempt of Courts fixing the next date of hearing on Aug 25, 2021 directing both officers to personally appear before this Court.