Lethargy Towards Judiciary & Right To Speedy Trial: Madhya Pradesh HC Expresses Concern Over Non-Execution Of Summons/ Warrants By Police

Justice G.S. Ahluwalia was essentially dealing with a bail application, wherein the Applicant made the court privy to the fact that one of the prosecution witnesses in her case, a Police Officer, did not produce himself before the Trial Court to testify on six consecutive hearings.

This happened despite a previous direction of the Court to the concerned Superintendent of Police, to ensure the execution of summons/bailable warrants/warrants issued against the witnesses so that the Trial can be concluded at the earliest.

Subsequently, noting that the police personnel are not in a position to execute summons / bailable warrants / warrants against their own police officers, the court had directed the concerned SP of District Datia to produce the register maintained by the Police wherein the details of daily monitoring of summons / bailable warrants / warrants are recorded.

On perusing the register on the next hearing, the court noted that the record keeping was only with respect of summons/bailable warrants and warrants issued by the Supreme Court and the High Court, and not of Trial Court. It was also noted that the inspection register is not maintained.

'This register is not the inspection register maintained either by Shri Aman Singh Rathore, Superintendent of Police, Datia or by his subordinates. It appears that it is inward and outward register concerning summons/bailable warrants/warrants received from the Supreme Court and the High Court. Furthermore, it also appears that some of the summons/bailable warrants/warrants were sent back unserved. This register is not the inspection register as it was being projected by Shri Aman Singh Rathore on 19th of January, 2022.'

The Court pointed out to the circular dated 30.03.2019 issued by police headquarter which requires that the notice/summons should be served on priority basis and S.P. shall monitor its execution on day-to-day basis and inform the Senior Officers.

To this, the S.P. provided a justification that the circular dated 30.03.2019 and 05.04.2019 were not in respect of summons/bailable warrants/warrants issued by the trial court but in respect of the same issued by the High Court only, and therefore, summons/notice issued by the trial court were not monitored.

Even after, as the S.P. concerned claimed, 'religiously following' the circulars issued by Police Headquarter with regard to execution of summons/bailable warrants/warrants, the court noted that the records produced by him were completely silent about the perpetual warrants of arrest/ warrants of arrest/ bailable warrants of arrest issued against the accused persons as well as against the police personnel.

Considering the matter at hand, the Court brought up the comments of the Chief Minister of Madhya Pradesh in a meeting dated 20.01.2022, wherein he shared his concerns regarding lower rate of conviction even in earmarked cases.

To this, the S.P., who was also presenting in meeting, clarified before the court that the comments of the Chief Minister were not in relation to the District Datia. However, he did concede before the court that in some of the cases, the accused persons have not been arrested so far.

On this, the Court opined-

"Thus, it is clear that, on one hand, the Chief Minister of the State is expressing his concern over the poor rate of convection, but, at the same time, the police department is not interested in arresting the accused or serving the witnesses so that their evidence can be recorded at the earliest point of time. Further, it is being observed by this court that in various cases even the police officers are not appearing before the Court and the trial is being adjourned only on account of the non-cooperation by the police officers as well as the doctors. In the present case also Narendra Sharma, Town Inspector was not appearing before the trial court in spite of service of bailable warrants, as a result, the trial was getting delayed. Thus, it is clear that in spite of concern expressed by the Chief Minister of the State, the police department is working at it's snail's speed and is not showing any concern for the conclusion of trial at the earliest."

The court accepted that the S.P. may be technically right when he states that the respective circulars to monitor the warrants and summons were only with regards to High Court and the Supreme Court. However, the court noted that it is the duty of the prosecution to ensure that the witnesses are not only given due security but they are also produced before the trial court as early as possible. The court observed-

"Thus, by taking the help of technical aspects or lapses left by the police headquarter in its various circulars regarding the monitoring of summons/ bailable warrants/warrants, it is clear that the police department is out and out to show its lethargy towards the judiciary as well as they are out and out to violate the fundamental right of the accused of speedy trial."

Eventually, the Court directed the Director General of Police, Madhya Pradesh to submit the following details before it:

• His affidavit, pointing out as to whether the circular dated 30.03.2019 and 05.04.2019 are meant for summons/bailable warrants/warrants issued by the High Court only or is it the duty of the prosecution to ensure timely service of summons/ bailable warrants/warrants issued for appearance of the witnesses. It shall also be clarified as to why no instructions have been issued in respect of summons/bailable warrants/warrants issued by the trial courts
• A report on why the police officers do not appear before the trial Court in spite of service of bailable warrants
• His affidavit regarding efforts made by Police Department, District Datia to apprehend the absconding accused persons. A detailed chart shall be produced pointing out the details of each and every accused absconding in District Datia including the date of the registration of offence.
• A report to the effect that how many summons/bailable warrants/ warrants/ perpetual warrants are pending, including the date of issuance of such summons/bailable warrants/warrants/perpetual warrants. The chart shall also carry the information as to whether proceedings under Section 82/83 of Cr.P.C. were ever initiated against the absconding accused persons or not.
• His affidavit on what steps would be taken to arrest the absconding accused persons.