Non appearance of officials: HC summons director prosecutions, DGPs, home secys

The direction was passed in a case in which it had come to light that the court had to adjourn hearing 18 times in a drugs seizure case as police officers did not appear as prosecution witnesses

The high court has summoned director of public prosecutions (DPP), director generals of police (DGPs) and home secretaries of Punjab, Haryana and Chandigarh for February 19 upon noticing that police officers who have to appear as witnesses are skipping proceedings in criminal trials.

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The direction was passed in a case in which it had come to light that the court had to adjourn hearing 18 times in a drugs seizure case as police officers did not appear as prosecution witnesses.

The high court bench of justice Rajbir Sehrawat observed that the problem is more acute in a case where witnesses are police officers of higher ranks. Even the coercive orders like order of attaching of salary of such officers passed by the trial court are not having any effect in making such police officials appear as witnesses. Hence, the time of the trial court is wasted, besides infringing the right to life and liberty of the accused, the court said.

“It appears that, so far, as the conduct of the trial is concerned, it is considered to be a baby of none. The impression given is as if nobody is responsible and accountable for the conduct of the prosecution and for ensuring the presence of the witnesses and the accused. This problem deserves a serious attention; with a concrete scheme to ensure the proper and timely conduct of the prosecution, with default consequences and specified punishments for the officers of police..,” the court said summoning these officers.