In a recent order, the Calcutta High Court has proposed certain rules to be followed to ensure the attendance of public servants when summoned by the Court..The guidelines were issued after Justice Joymalya Bagchi noted that,.“It is matter of grave concern that public servants, although in service, cannot be traced out by the Investigating Agencies for service of witness summons for deposing in criminal trials ….… To depose in a criminal trial with regard to affairs relating to his official duty is a part of discharge of public duty of a public servant and any wilful failure or neglect in that regard tantamounts to dereliction of official duty entailing serious consequences.”.The Court noted that the problem, which required redressal was the lack of synergy between government departments and investigating/prosecuting agencies..Such systemic glitches could be avoided with sensitivity and cooperation between various departments of the government and investigating authorities. On the other hand,.“Failure to address such issues, promptly and effectively display a pathetic apathy on the part of the State to uphold the fundamental right to speedy trial of all the stakeholders in the criminal justice system.”.Therefore, in order to achieve the constitutional commitment of speedy and efficient trial in criminal, the Court has issued the following directives..(1) In all criminal cases where public servants are witnesses, the following guidelines shall be followed:.The names, addresses, place of posting, e-mail ID/mobile nos. and Aadhaar card particulars of such public servants shall be stated in the police report..Upon submission of police reports wherein public servants are cited as witnesses, investigating agencies shall intimate the heads of the offices where such public servants are posted that the latter has been cited as a witness in a criminal case. The particulars of the case shall be entered against the name of the said public servant in a register which is to be maintained physically or electronically (as the case may be) in every office including a police station in ordinary course of business..After the public servant has deposed or the case has otherwise come to an end, the Investigating Agency shall promptly inform such fact to the head of the said office. Thereafter the particulars of the said case shall be deleted from the said register;.(2) In the event of any transfer of a public servant-witness, intimation of transfer shall be sent by the departmental head under whom the public servant is employed as well as the concerned public servant to the Officer-in-charge of the police station where any case in which the public servant is cited as witness is registered..The Officer-in-charge of the concerned police station, in turn, shall immediately intimate such transfer or change in the place of employment of the public servant/witness to the trial court so that summons to appear may be duly served upon the said public servant at his new place of posting..Immediately upon the public servant/witness joining his new place of posting, the witness register maintained in terms of direction no. (1) in his new place of posting shall be amended by incorporating therein the particulars of the case where he is to depose;.(3) If the public servant is unable to attend the trial proceeding at a far-off court due to administrative inconvenience, video conferencing facility shall be utilised for the deposition of such public servant so that the trial of cases are not delayed due to such administrative or logistic reasons;.(4) In the event of superannuation of a public servant-witness, prior to release of his retiral benefits the concerned department shall take an undertaking from the said public servant that he shall duly depose in the pending criminal cases wherein he is cited as a witness as and when summoned by the Court of law and shall furnish his address and other particulars including mobile number before the officer-in-charge of the police station where such cases are registered..Such person shall further undertake that if there is any subsequent change in the aforesaid particulars he shall promptly intimate the officer of such change. The said officer shall immediately intimate the trial court of the said changes so that summons may be served upon him at such place of residence for examination during trial;.(5) Failure on the part of the departmental/office heads, offices in charge of police stations and/or investigating officers to comply with the aforesaid directions shall be deemed to be dereliction of official duties on their part attracting disciplinary proceeding against them;.(6) If a public servant wilfully fails and/or neglects to appear before a court of law and depose inspite of issuance of summons, such conduct shall be deemed to be in dereliction of his official duties attracting disciplinary action..Read Order below.
In a recent order, the Calcutta High Court has proposed certain rules to be followed to ensure the attendance of public servants when summoned by the Court..The guidelines were issued after Justice Joymalya Bagchi noted that,.“It is matter of grave concern that public servants, although in service, cannot be traced out by the Investigating Agencies for service of witness summons for deposing in criminal trials ….… To depose in a criminal trial with regard to affairs relating to his official duty is a part of discharge of public duty of a public servant and any wilful failure or neglect in that regard tantamounts to dereliction of official duty entailing serious consequences.”.The Court noted that the problem, which required redressal was the lack of synergy between government departments and investigating/prosecuting agencies..Such systemic glitches could be avoided with sensitivity and cooperation between various departments of the government and investigating authorities. On the other hand,.“Failure to address such issues, promptly and effectively display a pathetic apathy on the part of the State to uphold the fundamental right to speedy trial of all the stakeholders in the criminal justice system.”.Therefore, in order to achieve the constitutional commitment of speedy and efficient trial in criminal, the Court has issued the following directives..(1) In all criminal cases where public servants are witnesses, the following guidelines shall be followed:.The names, addresses, place of posting, e-mail ID/mobile nos. and Aadhaar card particulars of such public servants shall be stated in the police report..Upon submission of police reports wherein public servants are cited as witnesses, investigating agencies shall intimate the heads of the offices where such public servants are posted that the latter has been cited as a witness in a criminal case. The particulars of the case shall be entered against the name of the said public servant in a register which is to be maintained physically or electronically (as the case may be) in every office including a police station in ordinary course of business..After the public servant has deposed or the case has otherwise come to an end, the Investigating Agency shall promptly inform such fact to the head of the said office. Thereafter the particulars of the said case shall be deleted from the said register;.(2) In the event of any transfer of a public servant-witness, intimation of transfer shall be sent by the departmental head under whom the public servant is employed as well as the concerned public servant to the Officer-in-charge of the police station where any case in which the public servant is cited as witness is registered..The Officer-in-charge of the concerned police station, in turn, shall immediately intimate such transfer or change in the place of employment of the public servant/witness to the trial court so that summons to appear may be duly served upon the said public servant at his new place of posting..Immediately upon the public servant/witness joining his new place of posting, the witness register maintained in terms of direction no. (1) in his new place of posting shall be amended by incorporating therein the particulars of the case where he is to depose;.(3) If the public servant is unable to attend the trial proceeding at a far-off court due to administrative inconvenience, video conferencing facility shall be utilised for the deposition of such public servant so that the trial of cases are not delayed due to such administrative or logistic reasons;.(4) In the event of superannuation of a public servant-witness, prior to release of his retiral benefits the concerned department shall take an undertaking from the said public servant that he shall duly depose in the pending criminal cases wherein he is cited as a witness as and when summoned by the Court of law and shall furnish his address and other particulars including mobile number before the officer-in-charge of the police station where such cases are registered..Such person shall further undertake that if there is any subsequent change in the aforesaid particulars he shall promptly intimate the officer of such change. The said officer shall immediately intimate the trial court of the said changes so that summons may be served upon him at such place of residence for examination during trial;.(5) Failure on the part of the departmental/office heads, offices in charge of police stations and/or investigating officers to comply with the aforesaid directions shall be deemed to be dereliction of official duties on their part attracting disciplinary proceeding against them;.(6) If a public servant wilfully fails and/or neglects to appear before a court of law and depose inspite of issuance of summons, such conduct shall be deemed to be in dereliction of his official duties attracting disciplinary action..Read Order below.
