ORDER Firstly, no one can should get an impression that any case is being tried after the order of the Supreme Court dated 13 April, 2004 which has become terminal. The case is over at the Supreme Court. A Deputy Superintendent of Police, not even the State of Bihar, applied for these proceedings. 2. Contempt proceedings had been drawn against the certain police officers. They were convicted by the High Court and sentenced to prison. The Supreme Court affirmed the judgment of the High Court. They were nine of them. Four surrendered. Five did not. One died, four remained. 3. Once the Supreme Court has given directions they have to be carried out by all authorities civil and judicial. Now, there is no occasion to exercise to any compassion or kindness. There are no proceedings. Yesterday, the court had been indicated that the persons whose appeals had been rejected not having surrendered their bail bonds, the Director General of Police shall arrest the persons concerned and they will serve out their sentences as indicated by the Supreme Court. 4. Yesterday, on submissions by the Government Advocate the answer was that the persons who were meant to surrender their bail bonds were not available and a search is on for them. The fact that the Director General of Police was unable to arrest and comply with the order of the Supreme Court, the court passed the following orders yesterday: The very filing of this petition is disrespect to the Hon'ble Supreme Court. After the Supreme Court determined the proceedings in Cr. Appl. No. 316 of 1998 : Daroga Singh & Ors Vs. B. K. Pandey by its order of April 13, 2004 Quorum: Hon'ble R.C. Lahoti as he then was and Hon'ble Ashok Bhan, JJ). The issue was closed and terminal. In no uncertain terms the Supreme Court gave a direction that the contemnors, who otherwise were on bail would on their own surrender their bail bonds. This was the first step but to be taken by the contemnors forthwith immediately after the Supreme Court order. These persons ought to have surrendered themselves. Effective 13 April ns of now, the order of the Supreme Court has lain and disrespect is being shown by the Director General of Police, Bihar and the State Government of Bihar and both are fully abetting the situation. These persons ought to have surrendered themselves. Effective 13 April ns of now, the order of the Supreme Court has lain and disrespect is being shown by the Director General of Police, Bihar and the State Government of Bihar and both are fully abetting the situation. The directions of the Supreme Court, if surrender was not forthcoming is very clear. Thereafter, the persons concerned (a) were to be taken into custody (b) to serve out the sentences passed by the Patna High Court. These directions were to the Director General of Police, Bihar. The order of the Supreme Court reads thus: "The Director General of Police, Bihar is directed to ensure compliance with this order by securing presence of all the appellants to serve out the sentences passed on them by the High Court." 5. There does not seem to be any element of doubt on what directions of the Supreme Court were. 6. A Deputy Superintendent of Police has applied to the High Court, in effect, to provide him with warrants of arrest. Not only he seems to have advised himself, unless advised otherwise, that warrants are to be provided to him by the High Court. 7. This gives the impression that someone very high in the government is protecting the persons, who under the direction of the Supreme Court are to be arrested. There is a further direction that they are to serve out their sentences. If the bail bonds have been cancelled, then, these persons should have, on their own, surrendered. If since April, 2004 as of date they have not surrendered then the law enjoins the consequences in declaring them from running away from the law as absconders. These are the consequences of the order of the Supreme Court not being followed. The police department right from the top till the bottom are abettors to this situation. Not honouring an order of the Supreme Court is a contempt of the grossest kind. 8. The High Court order having been affirmed, the direction of the Supreme Court is now being belittled. 9. The Director General of Police, Bihar and the person, who has applied for warrants, are abettors to a further charge of contempt to the law and thereafter orders of the Supreme Court and the High Court. They are so charged. They will offer their explanation tomorrow. 10. 9. The Director General of Police, Bihar and the person, who has applied for warrants, are abettors to a further charge of contempt to the law and thereafter orders of the Supreme Court and the High Court. They are so charged. They will offer their explanation tomorrow. 10. The court can cite two instances under the Code of Criminal Procedure, 1973 that when a situation presents itself whether a matter is cognizable or during the course of investigation, under sections 41 & 157 respectively, the police has ample powers to prevent breach of law as prescribed in these provisions to take out a warrant of arrest against any person. The scandalous part here is that after the Supreme Court gave a direction, a power which is inherent and with the police by law, a cover up operation is being engineered as if unless ordered (by the High Court) arrests directed by the Supreme Court will not be made. Those who are to be arrested are all police personnel. 11. Put up tomorrow at 10.30 A.M. 12. The Government Advocate who appears in the matter will receive a copy of this order as a formality. The Director General of Police and also the Deputy Superintendent of Police shall appear at the bar of the court tomorrow with their defence. Today, the submissions have been made that a search is on for the arrest of these absconding convicted contemnors and proceedings for declaring them by a proclamation as absconders are being contemplated. 13. It is absolutely scandalous that after the Supreme Court has passed an order, the persons who are to execute the orders are themselves running away from the law. Time was sought from this court to locate these persons, who have not surrendered to their bonds so that, they could be arrested for serving out their sentences. 14. The court indicated it yesterday and does so even today that this court is not trying any case. The matter is over at the Supreme Court. Lest there be any impression that the court may be enlarging the time as an indulgence and a latitude on the Deputy Superintendent of Police's application. This misconception be laid to rest. 15. The situation will be dealt with business like. Persons who are required to surrender their bonds have not done so. This assessment should have been made by the Director General of Police immediately. This misconception be laid to rest. 15. The situation will be dealt with business like. Persons who are required to surrender their bonds have not done so. This assessment should have been made by the Director General of Police immediately. He should have set his authority into motion as he was under a direction of the Supreme Court that those convicted should be arrested. 16. The situation is very serious because these circumstances give the face of Bihar on what law and order is about. Policemen cannot catch policemen when they have seen terminal proceedings at the Supreme Court with the directions for arrest. Applying to the High Court that a warrant be given is only a subterfuge and a camouflage. This means that the Director General of Police does not desire to take responsibility on the direction which has been placed on him by the Supreme Court. 17. As the Court had indicated, the Director General of Police is half way house to abetting contempt. The judgment of the Patna High Court has been upheld. There is a further direction by the Supreme Court that the contemnors be arrested and this has not been done. Encouraging a convicted contemnor to continue to show contempt is abetting contempt by those who have jumped bail and also those who cannot catch bail jumpers. Both, the one running from the law and others meant to catch them are policemen. 18. The court made a request to the Government Advocate that in a matter like this the Advocate General, Bihar should be present. Despite the request from the court, the Advocate General, Bihar has chosen to absent herself from the proceedings. 19. The court is not repeating the contents of yesterday's order that there should have been a man hunt of these persons who were to be arrested to serve out their sentences. The court has already indicated that there are situations when the police may arrest any person in an exigency which has been pointed out under the provisions of the law, some of which were highlighted in yesterday's order. 20. Clearly, these proceedings are being watched. These proceedings are personal to no one who has to carry out the order of the Supreme Court. But the responsibility of the Director General of Police is direct. 20. Clearly, these proceedings are being watched. These proceedings are personal to no one who has to carry out the order of the Supreme Court. But the responsibility of the Director General of Police is direct. The only aspect is that business like the order of the Supreme Court has to be carried out. This court is unable to grant any time. 21. Thus, the Director General of Police is charged for abetting contempt and has time as of now until tomorrow to purge his action and discharge his responsibility. 22. It also appears that no effort was made to find out from which court the bail bonds had been taken out by the convicted contemnors. The surrender is in that court. The records are not available with police officers present assisting the Government Advocate. 23. Place this case tomorrow for the Director General of Police to answer the charge.