Dismayed Over Repeated Failure Of Jail Authorities To Produce Accused: Punjab & Haryana HC Seeks Affidavit Of ADGP Explaining Failure Of Duty

The Punjab & Haryana High Court has summoned the Additional Director General of Police (Prisons), Punjab, to file a comprehensive affidavit, explaining in detail the reasons for the repeated non-production of an accused on the schedule dates of hearing before the trial Court.

Justice Manjari Nehru Kaul said, "this Court is deeply concerned and dismayed over the repeated failure of the jail authorities to produce the petitioner and co-accused before the trial Court on the scheduled dates. This without doubt constitutes a serious breach of the constitutional rights of the petitioner."

The Court said that the jail authorities need to be reminded that their obligation to produce the accused before the trial Court on fixed dates is not optional but an inviolable duty.

These observations were made while hearing the bail plea of a man accused under NDPS Act. It was alleged that the accused was found in possession of an additional 1200 grams of heroin, following a secret information.

Counsel for petitioner argued that the petitioner deserves to be granted the concession of bail due to the inordinate delay in the trial, which has come to a virtual standstill after the framing of charges in May 2024 and he has been in custody since September 2023.

"The repeated and unjustified failure of the jail authorities to produce the accused, including the petitioner and co-accused before the trial Court on scheduled dates," he added.

After considering the submissions, the Court said, "It is unacceptable that, despite the prolonged custody of the petitioner, the trial has been derailed due to the persistent lapses of the jail authorities."

"This Court will not countenance such dereliction of duty, which undermines the judicial process and obstructs the constitutional rights of the petitioner to an expeditious trial," it added.

The matter is listed for January 27, for further consideration.

Mr. Arnav Ghai and Mr. Kulmanbir S. Nagra, Advocates for the petitioner.

Mr. Shiva Khurmi, Assistant Advocate General, Punjab

Title: BALWINDER SINGH @ BILLA VS. STATE OF PUNJAB

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