HC directs DGP to ensure police witnesses’ court attendance, stresses accountability

The Punjab and Haryana High Court has directed Punjab Director-General of Police (DGP) to implement stringent measures for ensuring the timely appearance of police officials cited as prosecution witnesses, including strict disciplinary action against those failing to attend court proceedings without sufficient cause.

“Justice delayed is justice denied, and the failure of police officials to discharge their duties as prosecution witnesses further erodes public confidence in the system,” Justice Manjari Nehru Kaul asserted.

The other directions to address systemic delays in criminal trials include establishing a robust monitoring mechanism to track the attendance of police officials in ongoing trials and organising sensitisation programs to educate them about their constitutional responsibility to facilitate speedy trials. 

Issuing the directives, Justice Kaul expressed grave concern over the casual and indifferent attitude of police officials causing significant delays in trials. The court made it clear that such delays undermined the fundamental right to a speedy trial guaranteed under Article 21 of the Constitution, impacting not only the personal liberty of the accused, but also the complainant’s right to timely justice. 

The court asserted that prolonged non-appearance of police witnesses perpetuates uncertainty for the accused, leaving them in prolonged incarceration, while also compounding the trauma faced by victims. “This court must emphasise that the responsibility of police officials extends beyond the maintenance of law and order; it includes cooperating with the judicial process to ensure that trials are conducted efficiently and expeditiously and when police officials, who are often cited as formal witnesses, fail to appear without cogent reasons, they not only delay the proceedings but also jeopardise the fair administration of justice,” Justice Kaul added.

In its detailed judgment, the court directed the DGP to submit regular reports on compliance and accountability to the competent authority. It stressed that sensitisation programs must focus on the constitutional implications of delayed justice and the critical role police officials play in upholding the rule of law. Justice Kaul added that the justice delivery system could not function effectively without the active participation of its stakeholders, particularly police officials often cited as formal witnesses.