Punjab and Haryana HC raps trial court for ‘unreasonable leniency’ to jail authorities, accused

The Punjab and Haryana High Court has admonished the trial court for adopting a “very casual approach” and showing “unreasonable leniency” towards jail authorities and the accused in an insurance policy fraud case involving a 76-year-old retired Army officer.

Directed the Mohali District and Sessions Judge to convene a meeting of all judicial officers prevent laxity, the Bench said, “The judicial officers may be advised not to adopt such a casual approach in criminal trials.”

The admonition and direction by Justice NS Shekhawat came on a petition filed by Colonel Sukhwinder Singh Dhillon through advocate Neha Shukla. It was alleged that the retired army officer was duped of Rs 58.68 lakh on the pretext of getting him an insurance policy.

Justice Shekhawat expressed strong disapproval over the manner in which the trial in the case registered on March 31, 2021, for cheating and other offences under Sections 420 and 120-B of the Indian Penal Code and the provisions of the IT Act was handled. The court found it shocking that the Presiding Officers adjourned the matter repeatedly despite the accused not being produced on nearly 10 consecutive dates, with only two witnesses examined in almost four years.

The Bench made it clear that exemption from personal appearance was required to be granted only when reasonable grounds existed for extending such benefits to the accused. “It is shocking to note that the trial Court was unreasonably lenient with the jail authorities, who had failed to produce the accused before the Court. Rather, the orders were passed casually and the case was adjourned repeatedly by the Presiding Officers of the Court. Similarly, in the last almost four years, only two witnesses have been recorded by the Court, even though the matter was being perused by the retired Army Officer who travels from Amritsar to Mohali to attend the Court proceedings at the age of 76 years,” Justice Shekhawat asserted.

The Bench added the presiding officers, it appeared, were unreasonably lenient and “very kind to the accused”. No less than 30 exemptions from personal appearance were granted to an accused, while 10 exemptions were granted to another.

Two other accused “chose” not to appear, but only bailable warrants were issued to procure their presence clearly showing that the Court proceedings were held in a very casual manner. “It is never expected that the leniency should be shown to the accused in such serious crimes”, the Bench added.

Ordering corrective measures, the Bench directed that Mohali District and Sessions Judge must not only hold a meeting with all judicial officers within a week, but also send a copy of the order to all Presiding Officers who have dealt with the matter since September 30, 2021, advising them to be more careful in the future.

The order was also directed to be placed before the Administrative Judge of the district for information. The trial court was also directed to take up the case on priority and conclude the proceedings within eight months.