Don’t pay wage to public prosecutor, IO until all witnesses are examined: Punjab and Haryana Excessive Courtroom

Don’t pay wage to public prosecutor, IO until all witnesses are examined: Punjab and Haryana Excessive Courtroom



Tribune Information Service

Saurabh Malik

Chandigarh, September 18

In a rare order liable to make sure speedy trial, an inalienable proper beneath Article 21 of the Structure, the Punjab and Haryana Excessive Courtroom has stayed wage cost to a public prosecutor and an investigating officer in a prison case. The order will stay in drive until all prosecution witnesses are examined earlier than the trial courtroom within the matter.

They deserve coercive circumstances

}Because the public prosecutor and the investigating officer of the case haven’t carried out their duties with due promptitude, due to this fact, they should be put beneath some coercive circumstances in order to compel them to finish the method of the trial as quickly as doable. Justice Rajbir Sehrawat

The route got here after the Excessive Courtroom noticed that the general public prosecutor and the investigating officer didn’t carry out their duties with due promptitude. As such, they deserved to be put beneath some coercive circumstances for compelling them to finish the method of the trial as quickly as doable.

The route by Justice Rajbir Sehrawat got here in a case the place not even a single witness was examined because the arrest of the petitioner-accused greater than 4 years in the past. The matter was dropped at the Bench’s discover after a petition was filed by the accused towards the state of Punjab and different respondents for bail in a case registered on July 26, 2018, for kidnapping, procuration of a minor woman and one other offence beneath Sections 363, 366-A and 34 of the Indian Penal Code on the Hoshiarpur metropolis police station.

Because the matter got here up for resumed listening to, Justice Sehrawat asserted it was dropped at the courtroom’s discover that the prosecutrix had been partly examined in her examination-in-chief. However no different witness was examined by the prosecution. Thereafter, the general public prosecutor expressed his inclination to maneuver an utility beneath Part 319 of the CrPC to array a further accused.

Taking a notice of non-examination of even a single witness, Justice Sehrawat asserted the petitioner’s liberty couldn’t be jeopardised by the prosecution’s casualness, notably when the allegations have been that the prosecutrix had accompanied and remained with him for a full week. She visited a number of locations and stayed in accommodations through the interval.

“Even when the petitioner is responsible, that needs to be so held by a courtroom of legislation by conducting a trial in proper earnest and due promptitude. Nevertheless, the prosecution has abjectly failed in doing its responsibility of conducting prosecution proceedings appropriately,” Justice Sehrawat asserted.

Making it clear that the petitioner was not required for investigation functions, Justice Sehrawat allowed the plea after asserting that the petitioner couldn’t be pressured to endure incarceration with out efficient proceedings being carried out towards him by the courtroom.

Earlier than parting with the case, Justice Sehrawat requested the Punjab Director (Prosecution) and the Hoshiarpur SSP to furnish a report earlier than the courtroom relating to the stoppage of salaries of the 2 officers. For the restricted function of guaranteeing compliance, Justice Sehrawat fastened the matter for listening to within the second week of October .





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