Punjab & Haryana High Court Issues Directions For Declaring Proclamation, Orders Police To Obtain Documents Like Passport, Ration Card On Arrest

The Punjab & Haryana High Court has issued a set of directions to the police authorities and Courts to ensure strict compliance of procedures established under the Criminal Procedure Code for the proclamation of offenders.

Justice Harpreet Singh Brar directed that the Investigating Officer or the Station House Office must obtain at least two of the following documents at the time of arrest of the proclaimed offender or soon thereafter:

(i) Passport.

(ii) Pan Card Copy.

(iii) Bank Passbook.

(iv) Credit card with photograph.

(v) Ration card.

(vi) Electricity bill.

(vii) Landline telephone bill.

(viii) Voter I.D. Card issued by the Election Commission of India. 

(ix) Property Tax Register.

(x) Aadhaar Card.

The development came while hearing a plea challenging the proclamation order, wherein the Court found that due to the "lackadaisical approach" of the jurisdictional police authorities, the petitioner managed to conceal himself from the process of law for "about 15 years."

The Court also issued the following directions to the Courts:

Adjournment of 30 days cannot be treated as compliance of provisions of Section 82 (1) Cr.P.C.

All provisions of Section 82 (2) (i) Cr.P.C. must be mandatorily complied with cumulatively and not alternatively.

Where the accused is not residing in India, his proclamation must be effected abroad through the Indian Embassy situated in the country of his residence."

To supervise proper issuance and service of summons, warrants, proclamation in terms of judgment passed by the Madhya Pradesh High Court in Ramesh Chand Gupta Vs. State of M.P. (Jabalpur Bench) 2000 (1) MPHT 376.

The proceedings shall not be closed on declaration of an accused as proclaimed offender rather the Court shall direct the police to take all necessary actions for tracing the Proclaimed Person/Offender and file a Status Report with respect to the actions taken by Police and such reports shall be called periodically.

The Court, after declaring a Proclaimed Offender, shall direct the police to trace and identify his movable and immovable properties and file a status report with respect to his assets.

Thereafter, in accordance with Section 83 Cr.P.C., the Court shall proceed to attach movable and immovable properties of the Proclaimed Offender.

The concerned Court shall monitor action taken by the police and issue such fresh directions, as may be considered necessary. In appropriate cases, the Court may record evidence of witnesses under section 299 Cr.P.C.

If the Proclaimed Offender does not surrender or is not traced within a period of six months of being declared a Proclaimed Offender, he must be prosecuted under Section 174-A IPC.

However, where the Court decides to proceed against the accused for an offence under Section 174-A IPC, it is imperative to institute a formal written complaint in the competent jurisdictional Court, in accordance with Section 195 CrPC.

The Court also directed the Director General of Police for the States of Punjab, Haryana and U.T. Chandigarh to constitute a State-level Supervisory Committee headed by the Additional Director General of Police (Law and Order) who shall monitor the cases of escapees who have been declared Proclaimed Persons/Offenders and issue necessary directions from time to time for bringing the escapees to the process of justice. 

It added that the complainant must provide a mobile number and address of the accused while lodging a report under Section 154 and 155 of Cr.P.C. or filing an application before the Magistrate under Section 156 (3) Cr.P.C. or a complaint under Section 190 Cr.P.C. or a complaint under any statute, to aid in issuance of process against the accused.

Justice Brar also highlighted that the attachment of property under Section 83 CrPC "is a significant component of criminal justice administration, which allows jurisdictional Police authorities to ensure the presence of the accused during the legal process."

While disposing of the plea, the Court directed the Registry to circulate a copy of the order to Director General of Police in the States of Punjab, Haryana and U.T. Chandigarh as well as in all the district Courts within its jurisdiction  for information and compliance.

Advocates Sandeep Sharma and  Nitin Narula, Advocate for the petitioner.

Madhur Sharma, AAG, Punjab.

H.S. Randhawa, Advocate amicus curiae.

Citation: 2024 LiveLaw (PH) 25