Hoshiarpur SSP's affidavit rejected by High Court, says real issue not addressed

Tribune News Service

Chandigarh, February 2

More than a month after the Punjab and Haryana High Court asserted that the non-examination of the witnesses was a perpetual problem before calling for “some mechanism” to ensure their timely examination in criminal trials, the Bench has found fault with an affidavit submitted in the matter. Holding that the real issue had not been addressed in the document, Justice Rajbir Sehrawat has asked the Hoshiarpur Senior Superintendent of Police to specify the details of officer responsible for deciding which witness was to be examined before the trial court on a particular date.

Kidnapping case

The petitioner in the case was seeking bail pending trial in the FIR registered on July 26, 2018, for kidnapping and other offences under Sections 363, 366-A and 34 of the Indian Penal Code in Hoshiarpur district.

As the matter came up for resumed hearing, the state counsel placed before Justice Sehrawat’s Bench an affidavit filed by SSP Sartaj Singh Chahal. “A perusal of the affidavit shows that the SSP has given only the process of effecting service and the affidavit is altogether silent on the real issue which was asked vide order dated December 13, 2022, with regard to the officers who are responsible to take the decision about the ‘turn of the witnesses’ for summoning and examination before the courts,” Justice Sehrawat asserted. The direction came in a matter where Justice Sehrawat initially stayed the payment of salary to the investigating officer and the public prosecutor conducting the case. The order was to remain in operation till all prosecution witnesses were examined.

Justice Sehrawat had observed that the public prosecutor and the investigating officer had not performed their duties with due promptitude. As such, they “deserved to be put under some coercive conditions so as to compel them to complete the process of the trial as soon as possible”.

The petitioner in the case was seeking bail pending trial in the FIR registered on July 26, 2018, for kidnapping and other offences under Sections 363, 366-A and 34 of the Indian Penal Code at the City police station in Hoshiarpur district.

Justice Sehrawat had on September 12, last year, observed that the petitioner had already been in custody for more than four years, but not even a single witness had been examined. His liberty could not be jeopardised by the prosecution’s casualness, particularly when the allegations were that the prosecutrix had visited several places and stayed in hotels after going and remaining with him for full one week.

“Even if the petitioner is guilty, that has to be so held by a court of law by conducting trial in right earnest and due promptitude. However, the prosecution has abjectly failed in doing its duty of conducting prosecution proceedings appropriately,” Justice Sehrawat had added, while granting the bail.

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