Punjab: Officials skipping court trials in drugs cases to face action

Aman Sood

Patiala, October 29

Government servants, including police officials, who have not deposed in courts in drug cases, will now face stern departmental action.

The Punjab and Haryana High Court had observed that police officials did not appear in courts as prosecution witnesses in drug cases for getting themselves examined, leading to delay in trials.

Panel to monitor pace of trials

• The Department of Home Affairs and Justice has directed all public prosecutors to report if any official fails to appear in court as witness to the Administrative Secretary
• A monthly meeting of a district-level committee will monitor the pace of trials in such cases and check the details of the officials who fail or repeatedly fail to appear as a witness. The report will be submitted to the government

Almost a fortnight after the High Court came down heavily on the government due to the reason, the state government has now asked departments to act tough against those not appearing in courts.

In a communiqué, the Department of Home Affairs and Justice (DHAJ) has directed all public prosecutors to report if any official does not appear in any court as witness under the NDPS cases to the Administrative Secretary concerned for initiating strict disciplinary action against him.

In a letter dated October 28, a copy of which is with The Tribune, the DHAJ has directed public prosecutors to strongly oppose any request for any adjournment, on whatsoever grounds, sought by any police officer/government official in any case registered under the NDPS/PTNDPS Act.

“The District Attorney will submit to the District and Sessions Judge a monthly report of NDPS/PTNDPS cases where trial has been delayed, for any reason whatsoever”, it reads.

A monthly meeting of a district-level committee will monitor the pace of trials in such cases and check the details of the officials who fail or repeatedly fail to appear as a witness. The report will be submitted to the government on monthly basis.

“Also the details of the failure of the public prosecutor to complete the examination-in-chief and re-examination of any witness on the first available opportunity will be reported every month,” it said.

“Further, false FIRs and improper investigation in drug-related cases will also be monitored and reported”, says the letter.

Earlier this month, the High Court had summoned the DGP and other senior functionaries following the failure of official witnesses to appear before the trial courts in drug cases.

“This court does not in any manner intend to bring down the morale of the police. However, the continuous absence of police officials/prosecution witnesses under the NDPS Act does give rise to a genuine apprehension qua some of them possibly having an unholy nexus with the drug mafia, which needs to be curbed with a heavy hand without any further delay, failing which the situation could worsen beyond repair,” it said.

A senior IPS officer privy to the matter said the Police Department is “issuing a detailed standing order incorporating the above and many other new things for streamlining”.