Punjab & Haryana HC Sends Police Witness To Jail For Not Complying With Summons, Says Accused Can't Be Kept In Custody For Default Of Officials

Taking stern action against the lackadaisical approach of police witnesses, the Punjab & Haryana High Court has sent a Sub Inspector (SI)  to "protective custody" in jail till his examination and cross-examination were completed.

While dealing with a bail plea under the NDPS Act, the Court noted that Punjab SI Paramjeet Singh had not appeared before the trial Court as a witness despite having been summoned and served twice through bailable warrants.

"The petitioner cannot kept in custody only for default of the police officials in not appearing as a witness before the trial Court. Hence, the coercive action against this witness has become imperative," said Justice Rajbir Sehrawat.

Consequently, the Court directed that "SI Paramjeet Singh be taken into protective custody within a period of one week from today and be kept in Central Jail, Kapurthala so as to produce him before the trial Court on the next date fixed before that Court. It is further ordered that till his examination and cross-examination is completed, he shall remain in custody."

While listing the matter for April 24, Justice Sehrawat said that Senior Superintendent of Police, Kapurthala shall ensure the arrest of SI Paramjeet Singh and file a report to this effect before the Court.

It is worthwhile to mention that the High Court recently, issued a set of directions to ensure that trials under the Narcotic Drugs and Psychotropic Substances Act are not delayed due to non-appearance of Police/ official witnesses.

Earlier also the Court had expressed dismay over police officials not appearing as witnesses in cases under the NDPS Act. Justice Manjri Nahru Kaul had observed that such non-appearance often led to prolonged trials.

Ruhani Chadha, Advocate for the petitioner.

Jasleen Kaur Sidhu, DAG, Punjab.