State of U.P. vs Pawan Kumar Pandey

S.N.H. Zaidi, J.

On 22122009, we passed the following order:

"Learned counsel for the applicant states that as per this Court''s order, issuing bailable warrant, respondent Pawan Kumar Pandey has been directed to furnish bail bonds before the Chief Judicial Magistrate, Ambedkar Nagar but since the District Magistrate Ambedkar Nagar has passed an order of externment against the respondent, he is not in position to do, and on his application made to the District Magistrate asking for permission to appear before Chief Judicial Magistrate, Ambedkar Nagar, so far no order has been passed, and rather the District Magistrate has sought the comments of the Superintendent of Police, Ambedkar Nagar. Thus, the District Magistrate has not permitted the respondent to furnish his bonds before the Chief Judicial Magistrate, Ambedkar Nagar.

Needless to say that the orders of this Court, being the highest court of law in the State, would supersede all other orders passed by any authority within the State, and the District Magistrates are expected to know it.

Hence, issue notice to District Magistrate, Ambedkar Nagar. Besides, the officer shall remain present in the Court tomorrow, i.e. 23.12.2009 at 10.15 a.m.

Put up tomorrow."

Towards compliance of our said directions, District Magistrate, Ambedkar Nagar, namely, Dr. Hariom, is present in Court and tenders his oral unconditional apology for the mistake, which according to him, was committed due to ignorance of the background of the case and as a result of confusion. We are not inclined to accept his unconditional apology, particularly for the reason that this Court had issued bailable warrants and directed furnishing of bailbonds in a State appeal routed through the District Magistrate''s office itself, but for the persuasion and assurance given by learned Advocate General, who appeared on behalf of the District Magistrate. Thus, it is accepted with a note of caution, and further appearance of the District Magistrate is dispensed with.

From the position emerging during the course of hearing, we think it appropriate to direct that whenever an order of externment is passed, it shall be imperative for the District Magistrates to incorporate in orders a direction that externe would not require District Magistrates'' permission for appearance before Courts in case of specific judicial orders to the effect that they are required to appear.

Issue fresh bailable warrant in the sum of Rs. 5000/ for appearance in second week of January, 2010 in this Court.

Let a copy of this order be issued to Chief Secretary directly for circulation to District Magistrates.