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Synopsis

The Punjab and Haryana High Court has directed the Director Generals of Police of Haryana, Punjab and Chandigarh apart from the Directors of the Investigating Agencies to file affidavits spelling out the steps being taken for expediting the completion of investigation process as well as the trial in cases.

The bench of Justice Augustine George Masih and Justice Vikram Aggarwal passed the order in a Public Interest Litigation in which proceedings were initiated suo motu by the court in 2021 on the basis of a Supreme Court order directing each high court in the country to monitor the progress of cases pending against the lawmakers.

The court noted that in pursuance to the order passed by the court on September 29, 2022 status reports had been filed by the CBI, State of Haryana, State of Punjab and Union Territory of Chandigarh, however, the same were not upto the expectation.

“Some movement is there in the name of the progress as has been sought to be asserted, but the intent and purpose for which the monitoring is being carried out by this Court is not only lacking but missing,” court said.

Court observed that it appeared that after the completion of the investigation in matters, the prosecution virtually is shaking of its hands as the focus on the status reports appeared to be limited up to the extent of completion of investigation.

Court said that though once the investigation is complete and the matter is sent to the court, the proceedings are monitored and conducted by the Court but non-appearance of the witnesses is also a major course of delay in the trial.

“We would expect that the Director General of Police and Heads of the Departments of the Investigating Agencies give equal thought and importance to the trial as well,” the court said.

It held that officials and witnesses when called to appear as witnesses must be bound down to appear in Courts giving it priority over other duties and responsibilities which they have to perform.

“Delaying the trial results in loss of not only the public time apart from the Courts time, but also gives an opportunity to the accused to win over the witnesses at times,” Court said.

Court added that due to such delay, even the accused has to suffer as he continues to be having that stigma of an accused in the process till the final order is passed by the Court, either convicting or acquitting him.

Therefore, the court asked the DGPs and the Directors of the Investigating Agencies to file affidavits spelling out the steps being taken not only to expedite the investigation process including inclusion of scientific methods but also for expediting the trial and ensuring the appearance of not only the official witnesses but other prosecution witnesses as well.

Court ordered that the said affidavits be filed within a period of four weeks from the date of the order.

The matter will be next heard on January 19, 2023.

Case Title: Court on its own motion v. State of Punjab and Others