Act against cops not appearing as prosecution witnesses: High Court

Saurabh Malik

Chandigarh, August 30

In a significant judgment aimed at expediting pending criminal trials and ensuring the welfare of undertrials, the Punjab and Haryana High Court has asked judicial officers in Haryana, Punjab and Chandigarh to take steps to ensure action by the police department against erring officials not appearing in courts as prosecution witnesses.

Justice Arun Monga said action was required against erring officials in terms of the standard operating procedure (SOP) containing guidelines to ensure speedy trials before the courts below, particularly in cases under the NDPS Act, where government officials were prosecution witnesses.

The SOP, formulated by Punjab, also outlines the procedures for the appearance of police officers and officials during trials. “In case of failure of compliance thereof, it shall ensure that action is taken against erring officials to the logical conclusion, so that it acts as a deterrent in future to those who do not comply with the guidelines,” he said.

Justice Monga is under transfer to the Rajasthan HC. Information suggests he had suggested shifting to the Delhi High Court, but he was transferred to Rajasthan for “better administration of justice”.

Justice Monga stated that in general interest and overall welfare of the undertrials, as well as speedy disposal of trials, it would be more appropriate that copy of the order containing the SOP was circulated to all judges in the district judiciary in Punjab, Haryana and Chandigarh, with a request that in case of nonappearance of an erring official in the court, who was a prosecution witness, they shall pass appropriate orders and ensure that action was taken against erring officials.

Vital for speedy trials

Justice Arun Monga said action was required against erring officials in terms of the SOP containing guidelines to ensure speedy trials before the courts below, particularly in drug cases under the NDPS Act, where government officials were prosecution witnesses.