Punjab and Haryana High Court raps jail authorities for repeated failure to produce accused
Expressing dismay over the repeated failure of jail authorities to produce accused persons before the trial court on scheduled dates, the Punjab and Haryana High Court has asserted that such lapses constitute a serious breach of constitutional rights. The court also reminded the jail authorities that their obligation to produce the accused before the trial court on fixed dates was not optional, but an inviolable duty.
Acting on a petition seeking bail due to the inordinate delay in the trial, Justice Manjari Nehru Kaul of the high court asserted: “This court is deeply concerned and dismayed over the repeated failure of the jail authorities to produce the petitioner and co-accused before the trial court on the scheduled dates. This, without doubt, constitutes a serious breach of the constitutional rights of the petitioner.”
Taking serious note of the issue, Justice Kaul asked Punjab ADGP (Prisons) to file a comprehensive affidavit detailing the reasons for the repeated non-production of the petitioner and co-accused.
“It is unacceptable that, despite the prolonged custody of the petitioner, the trial has been derailed due to the persistent lapses of the jail authorities. This court will not countenance such dereliction of duty, which undermines the judicial process and obstructs the constitutional rights of the petitioner to an expeditious trial,” the bench added.
Justice Kaul observed that the petitioner was allegedly found in possession of 400g heroin, while his co-accused were allegedly found in possession of an additional 1,200g contraband following a secret information.
The court also took note of the contentions of the petitioner’s counsel that the trial was facing an inordinate delay and had come to a standstill after the charges were framed on June 7, 2024. Appearing before the bench, the counsel referred to the interim orders before adding that the trial had been stalled for two primary reasons – repeated and unjustified failure of the jail authorities to produce the accused, including the petitioner and co-accused before the trial court on scheduled dates; and the absence of prosecution witnesses on certain dates, preventing the recording of evidence.
It was further submitted that the petitioner had been in custody since September 14, 2023, and his prolonged incarceration, without progress in the trial, amounted to a gross violation of his fundamental right to a speedy trial and personal liberty. None of the 31 prosecution witnesses had been examined, as confirmed by the state counsel on instructions.
Adjourning the matter to January 27, Justice Kaul asserted: “The ADGP (Prisons), Punjab, is directed to file a comprehensive affidavit, explaining in detail the reasons for the repeated non-production of the accused/petitioner on the schedule dates of hearing before the trial court.”
