By Admin 
Contempt of Court Rules: A recent case from Sambhal in Uttar Pradesh is once again raising serious constitutional questions. In fact, recently, Chief Judicial Magistrate’s Chandausi Court had ordered to register an FIR against the former CO and 12 other police personnel in connection with the injuries caused to a youth during the Sambhal violence. Despite this judicial direction, the police allegedly refused to register the FIR. Let us know whether the police can refuse to obey the court order or not.
Is the police bound to follow court orders?
Under Indian law, the police have no independent authority above the judiciary. They operate under the rule of law and are constitutionally bound to follow orders passed by competent courts. Intentional non-compliance of any judicial order or deliberate delay in it is considered a violation of law. The instructions of the judiciary are mandatory, not advisory. Because of this, police officers have no right to ignore them.
What does the Police Act say about court orders?
The Police Act clearly lays down the duty of police officers to follow legal directions. Under Section 23 of the Police Act, every police officer is legally required to immediately comply with all orders and warrants issued by any court or any other legal authority. If orders are not followed, it is considered misconduct and can have both legal and departmental consequences.
Not following court orders is contempt of court
If police officers deliberately disobey the court order, then it is considered contempt of court under the Contempt Act 1971. In such cases, the concerned officer may be punished with simple imprisonment up to 6 months, fine or both.
Criminal liability under the Indian Judicial Code
The consequences are not limited to contempt proceedings only. Under Section 166A of the Indian Judicial Code, if a government employee deliberately ignores the law or the instructions of the court and causes harm to any person, he can be punished with imprisonment of 6 months to 2 years.
impact on career
Apart from criminal and contempt proceedings, a police officer who refuses to obey court orders may also have to face departmental action. This may include suspension, internal investigation, poor service record, not getting promotion or even firing.
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