MP HC Orders Suspension of Chhindwara SP for Not Executing Non-Bailable Warrant

The Madhya Pradesh High Court on Wednesday directed the state Director General of Police (DGP) to place the Superintendent of Police (SP) of Chhindwara district under suspension for not executing its order of non-bailable warrant issued to an official in a contempt petition.

The high court had earlier directed issuance of a non-bailable warrant against respondent – National Highways Authority of India (NHAI) Director (project implementation unit) D Anil Kumar.

While hearing a contempt petition, a division bench of Chief Justice Ravi Malimath and Justice Vishal Mishra said, “Under these circumstances, when the Superintendent of Police, Chhindwara himself is unable to execute the order of this court, the non-bailable warrant is directed to be executed through the Director General of Police, Madhya Pradesh.”

By the order dated March 28 this year, a non-bailable warrant was issued against respondent number 3 (NHAI’s D Anil Kumar) through the Chhindwara SP, returnable by April 12, the court order said.

It added that a letter has been written by the Chhindwara SP to the Registrar (J-II) of this court, wherein he has stated that since respondent number 3 has been transferred, the warrant could not be executed.

“We are indeed shocked with the letter of the Superintendent of Police, Chhindwara. The only reason has been assigned that respondent No. 3 has been transferred. Where he was transferred and why the non-bailable warrant could not be executed has not been stated by him. This is not acceptable. It would appear that our orders are not being taken seriously. 

Even the government advocate is not aware of the same,” the court order said.

Therefore, the DGP Madhya Pradesh is directed to place him under suspension forthwith pending further orders, the court said.

It also ordered that the non-bailable warrant be issued against respondent number 3 through the DGP returnable by April 19.

The court issued the direction during the hearing of a contempt petition filed by the organisation Tulsi Ramayan Sankirtan Mandal Chhindwara for not paying the compensation amount for 618 square feet of total 1254 square feet land acquired for the road construction by the NHAI, the petitioner’s counsel V P Nema said.

The NHAI paid the compensation for 636 square feet of land but did not give compensation for 618 square feet of land, he said.

The land was acquired in 2011-12, he added.

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