NEW DELHI — The Delhi High Court has expressed strong displeasure over the Delhi Police’s failure to arrest a man accused of posing as a Patna High Court judge and a civil servant, despite his anticipatory bail applications being repeatedly rejected across multiple judicial forums, including the Supreme Court of India.
Hearing the matter on Thursday, Justice Girish Kathpalia rejected the anticipatory bail plea of the accused, Manoj Kumar Jha, who is implicated in nearly a dozen cases of fraud and impersonation. The Court observed that the police’s inaction in executing an arrest under these circumstances suggests improper assistance from within law enforcement.
"The fact that despite dismissal of anticipatory bail applications... the police have not taken any action to arrest him conveys an impression that the accused is being helped and there is something more than meets the eye," the High Court noted in its order.
Key Facts of the Case
- Allegations: Manoj Kumar Jha allegedly impersonated a sitting Patna High Court judge and a senior civil servant to extract sensitive and confidential information from high-ranking public authorities.
- Jurisdiction: The present anticipatory bail application stems from an FIR registered in 2024 at the Parliament Street Police Station in New Delhi.
- Habitual Offender Status: According to court records, Jha is named in nearly twelve distinct First Information Reports (FIRs) alleging similar conduct.
- Judicial History: Prior applications for anticipatory bail filed by Jha were systematically dismissed by subordinate courts, the High Court, and ultimately the Supreme Court of India.
Arguments and Judicial Ruling
During the proceedings, counsel representing the applicant argued that because law enforcement agencies had not arrested Jha for a prolonged period following the Supreme Court's dismissal of his bail plea, custodial interrogation was no longer necessary for investigation.
The prosecution, represented by Additional Public Prosecutor (APP) Amit Ahlawat, joined the Bench in expressing deep frustration over the police department's failure to take the accused into custody.
Dismissing the plea, Justice Kathpalia cited judicial discipline and the absence of any changed circumstances since the apex court's previous refusal:
- Judicial Discipline: Subordinate courts and High Courts are bound by decisions of the Supreme Court refusing pre-arrest protection.
- Lack of Changed Circumstances: The defense failed to present any new material evidence or altered factual scenarios to justify overriding previous orders.
- Habitual Conduct: The severe nature of the allegations and the existence of multiple pending cases disqualified the applicant from discretionary equitable relief.
Directive to Law Enforcement Leadership
To address potential internal misconduct or negligence within the investigating authority, the High Court ordered that a copy of the judgment be forwarded directly to the concerned Deputy Commissioner of Police (DCP) through the Senior Standing Counsel for immediate review and necessary administrative or disciplinary action.
The ruling underscores strict judicial intolerance for non-execution of arrest warrants in high-profile impersonation cases and highlights institutional measures to enforce accountability within investigating agencies.
Discription: The Delhi High Court rejected the anticipatory bail application of Manoj Kumar Jha, accused of impersonating a Patna High Court judge and a civil servant to obtain sensitive government information. Expressing deep concern, Justice Girish Kathpalia questioned why the Delhi Police had failed to arrest Jha despite nearly a dozen FIRs against him and repeated rejections of his pre-arrest bail, including by the Supreme Court.
The Court remarked that the police's prolonged inaction conveys an impression that the accused is receiving assistance. Citing Jha's status as a habitual offender and strict judicial discipline, the High Court denied bail and directed that a copy of the order be sent to the concerned Deputy Commissioner of Police for immediate necessary action.