Fundamental Right To Fair Trial Affected Due To Prolonged Non-Production Of Accused Before Trial Court: High Court Asks Punjab ADGP To Take Steps

The Punjab & Haryana High Court has taken serious note of the issue of non-production of undertrial prisoners before the Trial Court observing that the fundamental right of under-trial prisoner to have fair trial have been infringed. 

In a bail application pertaining to the NDPS Act, the Court found that the petitioner was not produced before the trial Court concerned on a number of occasions, therefore, the charges could not be framed.

Justice Kuldeep Tiwari said,

"Considering the gravity of the matter, it is also deemed imperative to call for an affidavit from the ADGP (Prisons), Punjab, disclosing therein the remedial steps taken by him to ensure the presence of under-trial prisoners before the trial Court concerned, either through physical or virtual mode. The said affidavit be filed on or before the subsequent date of hearing."

The development came after the Court sought an explanation from the Superintendent of Central Jail, Goindwal Sahib, and also from the Senior Superintendent of Police, Punjab as to why the petitioner who has been in custody since September 2021 is not being produced on many dates in the Court. 

In response to the query, an affidavit was filed and it was found that the petitioner was not produced before the trial Court concerned on a number of occasions, therefore, the charges could not be framed.

The Court noted that due to the non-production of the petitioner before the trial Court by the jail authorities concerned, the trial did not progress further.

Justice Tiwari observed that,

"The above circumstances depict a serious state of affairs, as the fundamental rights of the petitioner, who is an under-trial prisoner, to have a fair trial, have been infringed, for want of his production before the learned trial Court by the jail authorities concerned."

Adding that the Court had sought for specific explanation, the Court noted that, "the jail authorities, instead of making any plausible explanation in the compliance affidavit, have attributed the above lacuna on their part, by making a lame excuse qua deficiency of police force on account of engagement in VIP duties on the relevant dates."

The bench also said that on seeking assistance from AG, Punjab he submitted that, "the outset that the submissions made in the compliance affidavit dated 28.07.2023 are inappropriate."

The AG sought leave to withdraw the affidavit with liberty to file a fresh affidavit, to make compliance of the orders. While granting the permission, the Court said, "he is permitted to file a fresh compliance affidavit, therein making the requisite explanation in respect of the following:

(i) reason for non production of petitioner before the learned trial Court concerned, thereby impeding the learned trial Court to frame charges;

(ii) to intimate this Court about the further course of action, as proposed to be adopted by the State of Punjab, to ensure the presence of under-trial prisoners before the trial Courts concerned, in cases involving offences under the NDPS Act, including the present petitioner;"

Listing the matter for November 22, the Court made it clear that no further adjournment shall be granted, as the present case pertains to infringement of the rights of the petitioner/under- trial prisoner, who is languishing behind the bars, due to his non production before the trial Court concerned.

Appearance: Ashish Aggarwal, Advocate for the petitioner.

Gurminder Singh, Advocate General, Punjab with Mr. Sandeep, Addl. A.G., Punjab.

Case Title: JASPAL SINGH ALIAS NIKKA V/S STATE OF PUNJAB

Click Here to Read/Download the Order