Issue warrants against IO & witness: HC to trial court

Saurabh Malik

Chandigarh, April 9

The Punjab and Haryana High Court has directed a trial court to issue warrants of arrest against an investigating officer (IO) and a prosecution witness in a criminal case.

The Bench made it clear that the police officer and the witness would be sent to custody in Ludhiana district jail after being arrested. They would be kept in custody till the completion of examination and cross-examination of all prosecution witness.

Keep them in custody till cross-examination

The police officer and the witness shall be kept in custody till the examination and cross-examination of all prosecution witness is completed. —Justice Rajbir Sehrawat, Punjab and Haryana High Court

The direction by Justice Rajbir Sehrawat came in a case where the IO repeatedly ignored the trial court’s orders. “It is the height of the things that the IO, who happens to be a serving police officer, does not care for the court orders and has defaulted repeatedly in executing the process as well as in his own appearance before the trial court despite having been so ordered,” Justice Sehrawat asserted.

The matter has its genesis in a petition by Balkar Singh against the State of Punjab. The Bench was told that the petitioner was in custody since August 2018. The prosecution had examined only six witnesses so far. After giving up some unnecessary witnesses, only one prosecution witness Gurpreet Singh was to be left to be examined.

Justice Sehrawat observed the trial court orders showed that the summons/bailable warrants were issued to witness Gurpeet. But repeated reports were submitted that he could not be served. Even the IO had not appeared before the trial court. As such, summons were issued again to the witness.

The notice was also issued to the IO following Additional Public Prosecutor’s request. But neither was the witness produced nor bailable warrants issued against the IO received back. Therefore, the trial court issued bailable warrants once again against the IO and Gurpreet. Sensing the prosecution’s apathy, the trial court also directed forwarding of the order to the Ludhiana CP to see why summons/warrants were not being sent back executed or unexecuted.