A division bench of the court here, comprising Justices Umanath Singh and Mahendra Dayal, passed the order on a special appeal filed on behalf of Srivastava by the UP government challenging yesterday's order by a single judge initiating the contempt proceedings.
On behalf of the state government, Additional Advocate General Zafaryab Jilani pleaded that the proceedings may be stayed against the official as prima facie case of contempt of the court's order was not made out.
The court had yesterday framed contempt charges against Srivastava for not providing security to Upadhyay.
Upadhyay's counsel had submitted that on March 30, 2012, a division bench had directed the state government to consider providing 'Z' category security to his client but the order of the court was not complied with and that came under the purview of contempt of court.