Allahabad High Court Warns Uttar Pradesh Police Over Repeated Failure to Execute Non-Bailable Warrants

The Allahabad High Court has sharply criticised police authorities in Uttar Pradesh for the repeated non-execution of non-bailable warrants (NBWs) issued by the court, observing that such lapses obstruct judicial proceedings and undermine the administration of justice.

The court’s strong remarks came while hearing a criminal appeal filed by Kaushal Kishore alias Baba in connection with a 2019 matter.

A division bench comprising Justice Salil Kumar Rai and Justice Satya Veer Singh expressed serious concern over delays in carrying out court-issued warrants, particularly in Gautam Budh Nagar and Hapur districts. The next hearing in the matter has been scheduled for March 23.

In its observations, the bench made it clear that failure to execute NBWs within the stipulated timeframe would not be tolerated.

The judges stated that district police administrations must hold erring personnel accountable and initiate appropriate action.

The court noted that such inaction was hampering the progress of criminal appeals and other cases pending before it.

The issue gained prominence after the court noticed a glaring discrepancy between the police report and the appellant’s affidavit.

While the police claimed they were unable to verify the appellant’s address and therefore could not execute the warrant, the appellant asserted in his affidavit that officers had in fact visited his residence and informed him about the NBW.

This contradiction prompted the court to take a stricter view of the matter.

On February 4, the high court directed the Commissioner of Police, Gautam Budh Nagar, and the Senior Superintendent of Police (SSP), Hapur, to appear personally before it.

Additionally, officers directly responsible for executing the warrant were ordered to submit personal affidavits explaining their failure.

Earlier, the bench had remarked that the conduct of the concerned officers reflected not only inefficiency and dereliction of duty but could also amount to contempt of court.

The court signalled that it was prepared to consider stringent measures if accountability was not ensured.

In compliance with the court’s directive, the SSP, Hapur, and the Deputy Commissioner of Police (DCP), Gautam Budh Nagar, appeared before the court in person on January 12, while the Commissioner of Police, Gautam Budh Nagar, joined the proceedings via video conferencing.

Both commissioners submitted personal affidavits detailing the administrative steps taken against the personnel who had failed to execute the warrant and had returned it unserved.

During the hearing, Additional Advocate General Anoop Trivedi informed the bench that departmental proceedings had already been initiated against the delinquent officers.

Taking note of this development, the court observed that since disciplinary action had commenced against the responsible personnel in Gautam Budh Nagar, it would refrain from initiating further proceedings for the time being.

However, the bench directed the district administration to submit a status report on the outcome of the departmental inquiry on the next date of hearing.

The court’s intervention underscores the judiciary’s insistence on strict compliance with its orders and reinforces the principle that administrative lapses cannot be allowed to impede the course of justice.

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