Outdated software resulted in illegal arrest: Punjab and Haryana High Court

Saurabh Malik

Chandigarh, May 23

The Punjab and Haryana High Court has virtually exposed a glaring failure in both judicial and police technology systems, resulting in the illegal arrest of an accused. In a judgment, more candid than candied, Justice Anoop Chitkara made it clear that the accused had to suffer due to the archaic and inefficient software as information regarding stay on the execution of non-bailable warrants could not be conveyed either to the judicial magistrate or to the police officials concerned.

The matter was brought to Justice Chitkara’s notice after the accused in a snatching case filed a petition against the State of Punjab and other respondents through counsel Harmanpreet Singh for quashing orders declaring him a proclaimed offender and directing the registration of an FIR following his failure to appear before the court.

Referring to an affidavit filed in the matter, Justice Chitkara observed its perusal pointed out that the investigating officer intentionally arrested the petitioner, but it was due to ineffective working of the `office of the Punjab Police Department’, where court orders were not automatically uploaded in `any system’

Justice Chitkara asserted the appropriate software had not been provided to ensure updation of case status in such matters, where non-bailable warrants against the accused had been stayed or anticipatory bail granted.

Justice Chitkara observed the stay order was not brought to the notice of the police station concerned as the system was not keeping pace with the latest exponential growth in information technology `what to take about artificial intelligence, etc’.

“This court would have proposed to grant compensation to the petitioner for illegal arrest, but the problem is not of the state government alone. Once this court had stayed the non-bailable warrants, no communication was sent to or by the court’s software either to the judicial magistrate concerned or to the police officials. Thus, the fault lies on both sides –– the lack of appropriate and efficient software of the police as well as the court — for which the petitioner suffered,” Justice Chitkara asserted.

Before parting with the case, Justice Chitkara permitted the accused to file an application seeking compensation before the human rights commission or take appropriate legal remedies in accordance with the law. Allowing the petition, the Bench quashed the proclamation order after observing it was not served on the petitioner as he was a drug dependent taking treatment in Jammu.