The Supreme Court has issued a non-bailable warrant (NBW) against the superintendent of district jail of Gautam Buddh Nagar in Uttar Pradesh after it was apprised that he had released an accused from prison despite the apex court order cancelling his bail.
A bench of justices N V Ramana and Ajay Rastogi passed the order while admitting a contempt petition filed against the jail superintendent.
"Contempt petition is admitted. Let non-bailable warrants be issued to the alleged contemnor (jail superintendent) for his appearance in this court on Monday, September 23, 2019," the bench said.
The bench was hearing a contempt plea filed by a man who had earlier approached the top court challenging the Allahabad High Court order granting bail to the accused in a criminal case.
The apex court had in July last year directed the Uttar Pradesh government not to release the accused from jail, if he was still under custody, until further orders.
Later, on December 3, 2018, the apex court had set aside the high court's order granting bail to the accused.
In his contempt plea, the petitioner has said that after the order in December last year, the jail superintendent sought a new jail custody warrant for the accused from the trial court.
The contempt plea said that without waiting for custody warrant, the jail superintendent released the accused from prison.
The petitioner has alleged that the jail superintendent "willfully, illegally and arbitrarily" released the accused from jail in "total dereliction" of duty despite the apex court's order by which the bail granted to him by the high court was cancelled.
He has said that when the trial court concerned came to know that the accused has been released by jail authorities despite the apex court order cancelling his bail, the trial judge issued an NBW against him but he has not been arrested yet.
The petitioner has alleged that after the accused came out of jail, he had attempted to kill him and the police were not lodging an FIR in the matter.