The Punjab and Haryana High Court has recently expressed concern over the recurring non-appearance of police officials as witnesses in criminal trials, a practice that significantly hampers the judicial process. In response, the court has issued a series of directives to the Director General of Police (DGP) of Punjab, aiming to rectify this issue and ensure the efficient administration of justice.
The Issue of Non-Appearance
Justice Manjari Nehru Kaul highlighted that police officials have a duty that extends beyond maintaining law and order; they are also integral to the judicial process. When these officials, often serving as formal witnesses, fail to appear in court without valid reasons, it leads to delays in proceedings and undermines the fair administration of justice.
Court's Directives to the DGP
To address this pressing issue, the High Court has mandated the following actions:
Accountability and Compliance: Implement effective measures to ensure that police officials designated as witnesses attend court sessions on scheduled dates. Any non-compliance without sufficient cause should result in strict disciplinary action.
Monitoring Mechanism: Establish a robust system to track the attendance of police officials in ongoing trials. Regular compliance reports should be submitted to the competent authority for review.
Sensitization Programs: Conduct programs to educate police officials about their role in facilitating speedy trials and the constitutional implications of their absence on the rights of both the accused and the complainant.
The court emphasized the importance of treating this issue with the seriousness it deserves, noting that the justice delivery system relies heavily on the active cooperation of all stakeholders, especially those responsible for upholding the rule of law.
Case Background
These directives were issued during the hearing of a regular bail application in a case registered under various sections of the Indian Penal Code and the Protection of Children from Sexual Offences Act, 2012. The petitioner had been in custody since February 2021, with the trial's conclusion delayed due to the continuous absence of certain prosecution witnesses, specifically police officials.
Previous Court Observations
This is not the first time the High Court has addressed this issue. In October 2024, the court noted a troubling pattern of prosecution witnesses, primarily police officials, failing to attend court proceedings. This negligence was found to cause unnecessary delays in trials and contribute to the growing backlog of pending cases, thereby undermining the judicial process and denying the accused their fundamental right to a fair and speedy trial.
Government's Response
In response to the court's concerns, the Punjab Government had previously informed the High Court that it issued directions to police officers, instructing them not to seek more than one adjournment from the trial court when appearing as witnesses in NDPS cases. Despite these directives, the issue of non-appearance persisted, prompting the court to issue the recent directives to the DGP.
Implications for the Justice System
The non-appearance of police witnesses has far-reaching implications for the justice system. It not only delays individual trials but also contributes to a broader backlog of cases, thereby straining judicial resources. Moreover, such practices can erode public trust in the legal system, as justice delayed is often perceived as justice denied. By ensuring the timely attendance of prosecution witnesses, the State can fulfill its dual obligation of safeguarding the personal liberty of the accused while ensuring that victims of crime are not denied their right to speedy justice.
Conclusion
The directives issued by the Punjab and Haryana High Court to the DGP of Punjab represent a critical step toward addressing the systemic issue of police witnesses failing to appear in court. By implementing measures to ensure accountability, establishing monitoring mechanisms, and conducting sensitization programs, the State aims to uphold the integrity of the judicial process and ensure the timely delivery of justice. These efforts are essential to maintain public confidence in the legal system and uphold the rule of law.
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