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Supreme Court stays Allahabad High Court order; directs immediate release of UP Finance Secretary, Special Finance Secretary

Supreme Court stays Allahabad High Court order; directs immediate release of UP Finance Secretary, Special FS

The Supreme Court on Thursday ordered immediate release of Uttar Pradesh Finance Secretary Manzar Abbas Rizvi and Special Secretary (Finance) Sarayu Prasad Mishra, who were taken into custody on Wednesday on orders of the Allahabad High Court.

Additional Solicitor General (ASG) K.M. Nataraj mentioned the petition filed by the Uttar Pradesh government before the Bench of Chief Justice of India D.Y. Chandrachud and Justice P.S. Narasimha today. 

Representing the state government, the ASG contended that the High Court had directed to frame rules regarding some facilities for retired judges. The rules have to go to the Governor. There was some technical objection to it. However, the High Court took the Finance Secretaries in custody and also issued bailable warrants against the Chief Secretary and the Additional Chief Secretary of UP. 

The CJI stayed the verdicts passed by the Division Bench of the High Court on April 4 and 19, 2023 and listed the matter for hearing on Friday. 

The Apex Court directed the Registry to communicate the order both telephonically and through email to the Registrar General of the High Court of Allahabad, for immediate compliance. It further directed to put the order on its website immediately.

The Allahabad High Court had yesterday ordered the arrest of the UP Finance Secretary and the Special Secretary (Finance) for not providing domestic help and other facilities to retired High Court judges. 

The Division Bench of Justice Suneet Kumar and Justice Rajendra Kumar-IV had taken the officials, who were present in the court, in custody and asked them to be produced on Thursday for framing of charges. 

It further issued bailable warrants against the Chief Secretary and the Additional Chief Secretary (Finance) of Uttar Pradesh through the concerned Chief Judicial Magistrate, to ensure their presence before the Court on April 20.

A contempt petition was filed in the High Court by the Association of Retired Supreme and High Court judges alleging that the facilities such as providing domestic help to the former Chief Justice and former judges of the High Court had been delayed by the state government on one pretext or the other. 

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