Punjab and Haryana High Court orders DGP to ensure attendance of cops for trial

The Punjab and Haryana High Court recently ordered the Punjab Director General of Police (DGP) to create a system to track the attendance of police officials before the trial courts..Justice Manjari Nehru Kaul observed that responsibility of police officials extends beyond the maintenance of law and order and includes cooperating with the judicial process to ensure that trials are conducted efficiently and expeditiously.When police officials who are often cited as formal witnesses fail to appear before trial courts without cogent reasons, they not only delay the proceedings but also jeopardize the fair administration of justice, the judge said.“A robust monitoring system must be established to track the attendance of police officials in ongoing trials. Regular reports on the compliance should be submitted to the competent authority for review,” the Court thus ordered..It further said that effective measures must be implemented to ensure that police officials cited as witnesses appear before the trial courts on the dates fixed.“Police officials must be sensitised about their role in facilitating speedy trials and the constitutional implications of their non-appearance on the rights of both the accused and the complainant,” the Court added..The Court passed these directions while dealing with the bail plea of an accused in a rape case. The accused has been in custody since 2021. Due to the continuous absence of certain prosecution witnesses, the trial has been delayed in the case. After the High Court took note of the same, Senior Superintendent of Police, Tarn Taran, apologized for the lapses and informed the Court that departmental inquiries have been initiated..However, the Court was also informed that the prosecution evidence is now nearly concluded, with only one prosecution witness was left to be cross-examined.Considering the seriousness of the allegations, the Court refused to grant bail to the accused.“A reading of the FIR … and the testimony of the victim reveals that the allegations levelled in the FIR are grave and specific, involving the sexual assault of a minor. The victim, during her deposition before the trial Court, unequivocally corroborated the allegations made in the FIR and her statement recorded under Section 164 of the Cr.P.C. As per the learned State counsel, the medical evidence further substantiates the account given by the victim, prima facie hinting towards the involvement of the petitioner in the heinous crime,” it noted..Advocate Gagandeep Singh Bajwa represented the accused.Senior Deputy Advocate General Amit Rana represented the State of Punjab.