KULDEEP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned counsel for the State submits that despite repeated and sincere efforts by the learned trial Court to secure the attendance of prosecution witnesses, particularly police officials who were instrumental in the recovery, they are not turning up to depose before the Court. It is further informed that even warrants of arrest have been issued against certain police officers; however, such warrants have not been effectuated.

(2.) This Court finds it to be a most distressing and deplorable state of affairs that police officers, who themselves are duty bound to effectuate service of process in criminal cases, are blatantly defying the process of law. The situation becomes even more alarming when a warrant of arrest issued by a Court is not executed merely because the concerned person happens to be a police officer. The very fact that a serving police officer, who is posted at some place in the State and performing public duty, cannot be apprehended despite an arrest warrant against him, shakes the confidence of the public in the justice delivery system and seriously erodes the faith of the society in the preventive agency itself. Nothing can be more shameful for a democratic system governed by rule of law.

(3.) In Ganesh Ram v. State of Rajasthan (Date of Order: 1/12/2015), the co-ordinate bench of this Court had already directed that in order to ensure smooth compliance of summons and warrants issued to police witnesses, the Director General of Police shall appoint a Nodal Officer in each district, preferably not below the rank of Circle Inspector, who shall be responsible for ensuring service of summons and securing attendance of police witnesses before the Courts. The trial Court concerned was authorized to forward summons directly to such Nodal Officer, and in case of non-compliance, the said officer was to be held personally liable.