Mumbai | Special Correspondent: Arun Sharma

The Bombay High Court on Thursday took a strong stance against what it termed as “clear-cut insubordination” and unlawful detention by a lower court magistrate, issuing a show-cause notice demanding an explanation. The court emphasised that a magistrate has no authority to ignore or override directions from the appellate court.


The case involves an accused who had been granted bail by the sessions court. Despite this, the local magistrate allegedly refused to release him, keeping him in illegal detention. The High Court described this action as “illegal and unlawful”, highlighting a serious breach of judicial discipline.


In its order, the court directed that the accused must be released immediately in accordance with the bail conditions, stressing that lower courts are bound to comply with appellate orders without issuing any contrary instructions. “The magistrate has no authority to give any direction to the appellate authority,” the bench stated.


The sessions court further clarified that it had “purely judicially” issued the bail order, and the magistrate had no administrative or discretionary power to deny the release. The High Court noted that any future deviation from such directives would be considered a gross violation of judicial protocol.

Legal experts said the ruling underscores the importance of judicial accountability and reinforces the principle that appellate directions must be followed strictly. Observers believe the High Court’s firm stance sends a clear message that non-compliance with judicial orders will not be tolerated at any level.


This order is expected to set a significant precedent in maintaining discipline and accountability in the judicial system, ensuring that the rights of accused individuals are protected and that lower courts adhere to the established chain of authority.