HC: Non-appearance of police witnesses must reflect in ACRs

Making it clear that the failure of police officials to appear as witnesses before trial courts was causing recurring delays, the Punjab and Haryana High Court has recommended that such instances be reflected in their Annual Confidential Reports (ACRs). It also agreed that virtual deposition should become the norm to ensure swift trials and optimal use of police resources.

Acting on an affidavit filed by the Haryana DGP, Justice Alok Jain observed: “It is further suggested that in cases where the courts are compelled to issue bailable or non-bailable warrants for securing the presence of police officials, who are witnesses, such instances should be duly reflected in their ACRs. Moreover, police officials should be duty-bound to inform the court as well as the prosecuting counsel in advance, in case they are unable to attend the proceedings due to cogent reasons.”

The observations came nearly eight months after Justice Jain called for an affidavit from the DGP in connection with an eight-year-old murder trial. The top cop was asked to explain the “inordinate delay” in the proceedings and to identify the officials whose repeated failure to appear as witnesses had stalled the trial, despite multiple court orders for its expeditious conclusion.

The affidavit, filed in compliance with the November 28, 2024, order, stated that disciplinary action had been initiated against the erring officials. The court was also informed that the State had issued a notification dated January 31, 2025, to streamline police depositions. Among other things, it stated that the e-summons application had been operationalised in Haryana for issuing and serving summons through electronic means.

“The project is still at an early stage of implementation but holds immense potential for speedy service of summons, thereby expediting the trial process,” the affidavit noted.

Citing data from October 2024, the affidavit said that 5.35 per cent of official witnesses and 0.43 per cent of public witnesses were examined through electronic means. However, 22.88 per cent of witnesses who appeared in court had to return unexamined.

“It is recommended that examination of public servants through VC should be the norm… If the courts start recording deposition through VC as norm, it will not only result in completion of trials early but also would save resources which can be used by the police department for other important duties,” the affidavit added.

It also stressed that adjournments should be granted only for justified reasons, and reasons must be recorded. Justice Jain disposed of the matter with “an expectation from the State to implement stringent policies or issue necessary instructions to ensure compliance.” The court also directed that a copy of the January 31 notification be forwarded to all District and Sessions Judges in Haryana for compliance.