HC directs contempt bench to examine IAS officer's alleged pressure on civil judge
The controversy surrounding allegations that senior IAS officer Durga Shakti Nagpal attempted to influence a civil judge in Uttar Pradesh's Gonda district has deepened, with civil society members urging the state government to order a high-level probe. The demand follows the Allahabad High Court's decision to place the matter before a bench dealing with criminal contempt, after taking serious exception to the allegations.
Justice Syed Qamar Hasan Rizvi of the Lucknow Bench observed on Friday that the pressure allegedly exerted by Ms. Nagpal, the Devipatan Divisional Commissioner, "struck at the independence of the judiciary and obstructed the administration of justice." He directed that the matter be placed before the appropriate bench after seeking directions from the Chief Justice or the senior judge.
The case stems from a letter written by a civil judge in Gonda to the district judge, alleging that she received repeated phone calls on July 15 while on leave from a number linked to the Divisional Commissioner's office. The judge said Ms. Nagpal asked pointed questions about how long she intended to stay on leave and sought to discuss a long-pending land dispute. The judge described the calls and the tone used as "amounting to interference."
Justice Rizvi noted that the tone of the alleged conversation suggested the judge was being pressured. The court's decision to refer the matter to the criminal contempt bench underscores the seriousness with which such allegations are treated, as criminal contempt includes any act that interferes with the due course of judicial proceedings or obstructs the administration of justice.
Ms. Nagpal, who has not been formally accused or charged, denied any wrongdoing. She said she had not attempted to discuss the merits of the case and had only asked when the judge would resume hearing the matter. Her response, however, has not assuaged concerns raised by civil society groups and legal professionals about the potential for executive interference in judicial functions.
Activist Amitabh Thakur, who has been vocal on governance issues, has written to the Chief Secretary demanding the transfer of Ms. Nagpal and an independent inquiry. He has also called for clear protocols to be issued regarding how officials should communicate with judicial officers about pending cases, to prevent any perception of pressure.
Ms. Nagpal, a 2010-batch IAS officer, has previously courted controversy. She gained national attention in 2013 when, as District Magistrate of Gautam Budh Nagar, she ordered a crackdown on illegal sand mining and demolition of encroachments, but was transferred shortly after, leading to public protests and a Supreme Court hearing. In her current role as Divisional Commissioner of Devipatan, she oversees revenue administration and law and order across several districts.
The Gonda land dispute, which is at the centre of the controversy, has been pending for years. The judge's leave and the subsequent phone calls have raised questions about whether judicial proceedings were sought to be influenced. The High Court's reference to the contempt bench is a procedural step that will determine whether the allegations warrant formal contempt proceedings against Ms. Nagpal.
Legal experts point out that criminal contempt proceedings can lead to fines or imprisonment if the accused is found guilty. The case also highlights the delicate balance between the executive and the judiciary, and the need for clear boundaries to protect judicial independence.
The state government has yet to respond to the demand for a probe. Meanwhile, the Allahabad High Court is expected to constitute the bench to examine the matter in the coming days.
