Crl.Misc.No.M-31315 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl.Misc.No.M-31315 of 2009 Date of Decision: 19.7.2010 Baljinder Kumar .....Petitioner Vs. State of P)unajb ....Respondent .... CORAM : HON'BLE MR.JUSTICE RAJIVE BHALLA **** Present : None for the petitioner. Mr.A.D.S. Jattana, Addl.A.G. Punjab for the respondent. .... RAJIVE BHALLA, J (Oral) During the pendency of the petition for grant of regular bail, the Senior Superintendent of Police, Ludhiana, was directed to file an affidavit disclosing cases in which official witnesses did not appear as witnesses for more than two dates. On 9.4.2010 and after perusing the affidavit filed by the Senior Superintendent of Police, the following order was passed :- “ Affidavit of Mr.Harinder Singh Chahal, IPS, Senior Superintendent of Police, Ludhiana, filed in Court today is taken on record. A relevant extract of Paragraph 3 of the affidavit reads as follows: - Sr.No. Police Station Total no. of under trial cases (NDPS Act) Cases in which the witnesses did not appear for more than two dates 1 PS Jagraon 75 61 2 PS City Jagraon 34 30 Crl.Misc.No.M-31315 of 2009 2 Sr.No. Police Station Total no. of under trial cases (NDPS Act) Cases in which the witnesses did not appear for more than two dates 3 PS Sidhwa Bet 133 95 4 PS Raikot 86 84 5 PS Sudhar 74 10 6 PS Dakha 67 66 Total 469 346 The data discloses a disturbing state of affairs. The impunity with which police officers disregard their duty to depose as witnesses must be deprecated. Trial Courts are compelled, by failure of police officers to depose as witnesses to issue summons, bailable warrants, letters to the Senior Superintendent of Police but to no avail. The SSP, Ludhiana, is directed to consider the reasons for the absence of police officers from Court and initiate action, failing which appropriate orders shall be passed. The SSP, Ludhiana, shall also file a detailed report. Adjourned to 26.05.2010.” After considering the reply, the following order was passed on 26.5.2010 :- “ The primary duty of a police officer cited as a witness in a criminal trial, is to ensure that his deposition is recorded expeditiously. This duty is, however, observed, more in breach than in compliance. The statistics reproduced in the order dated 9.4.2010 fortify this conclusion. It is made clear to the respondent that any request for adjournments/exemption from appearance as witness before the trial court, on the plea of V.I.P. Duty, shall be summarily rejected by trial courts, except where it is made well in advance and is allowed by the trial Crl.Misc.No.M-31315 of 2009 3 court.” This distressing state of affairs pervades all police districts. Witnesses for the prosecution, particularly witnesses from police departments fail to appear before trial courts, with impunity and without just cause. The absence of official witness is a significant cause for delays that bedevils criminal trials. As a consequence, a copy of this order be forwarded forthwith to the Director General of Police, Punjab, to issue instructions to all police officers, in the State of Punjab, that they shall seek exemption from appearance as witnesses, only where imperative and then also after taking prior permission from the court concerned. The Director General of Police, Punjab, shall place on record an affidavit disclosing compliance of these orders. This petition stands disposed of accordingly. 19.7.2010 (RAJIVE BHALLA) GS JUDGE