SC stays Allahabad HC order on benefits for ex-judges, directs IAS officers’ release

Appearing for the state government, additional solicitor-general K M Nataraj said the high court had passed a “very peculiar” order. “The court directed to frame rules regarding some facilities for retired judges. The rules have to go to the governor. There was some technical objection. Meanwhile, the court summoned the finance secretaries and directed that they be taken into custody. It also issued a bailable warrant against the chief secretary and asked him to be present today,” he submitted.

In its April 19 order, the high court also issued bailable warrants to the Uttar Pradesh chief secretary, additional chief secretary (finance) Prashant Trivedi and asked them to appear before it Thursday. The high court concluded that they had suppressed material facts and misled the court and, “prima facie, have committed criminal contempt of the court”.

Hearing a plea by the Association of Retired Supreme and High Court Judges, the high court had directed that the rules providing the benefits be notified and the approval of the finance department be accorded within a week thereafter.

Rizvi, Mishra and another official appeared before the court that day. The high court’s April 4 order said the officials were summoned “as the matter pertaining to providing domestic help and other facilities to the former chief justices and former judges of” the “court was kept pending on one pretext or the other”.

The high court said that despite five adjournments being granted on the prayer that the matter was pending consideration at the highest level, no decision was taken.