Saurabh Malik
Chandigarh, May 17
An Additional District and Sessions Judge has landed himself in trouble for declaring witnesses proclaimed persons in a murder case. Making it clear a witness cannot be declared a proclaimed offender as the procedure is only meant for the accused, the Punjab and Haryana High Court has sought explanation from the judicial officer.
Justice Arvind Singh Sangwan asserted the procedure adopted by the Mansa trial court required an explanation. The Judge was, as such, directed to explain how the court vide orders dated April 29, 2019, and May 31, 2019, directed the presence of the witnesses through a proclamation under Section 82 of the CrPC.
He was further asked to explain how prosecution witnesses Amrik Singh and Harwinder Singh were declared proclaimed persons vide subsequent order dated July 5, 2019. Justice Sangwan also asked the High Court Registrar-General to ensure that the explanation from the Additional Sessions Judge was received well before the next date of hearing.
Justice Sangwan asserted the court orders had resulted in unnecessary delay in the trial and long custody of the petitioner. The matter was brought to Justice Sangwan’s notice by Darshan Singh and other petitioners. Justice Sangwan’s Bench was told that Darshan Singh was seeking the grant of regular bail in a murder case and was in judicial custody for over five years. His main grievance was that the prosecution evidence was yet to be concluded.
Justice Sangwan added it was surprising that the trial court adopted a procedure under Section 82 of the CrPC against a witness, though it was meant for appearance of an accused person. As per Section 82(4), a witness could not be declared a proclaimed offender, if he failed to appear despite the service of non-bailable warrants. Rather, the method was provided under Section 350 of the CrPC, wherein a summary procedure was provided for awarding punishment to a witness for non-attendance in obedience to summons.
“The trial court, while declaring prosecution witness Amrik Singh a PO, has further failed to take notice of Section 174 of the IPC…. It is clearly provided under Section 174 of the IPC that where a witness, who is legally bound to attend the court of justice, intentionally omits to attend the court, can be punished with simple imprisonment for a period which may extend to six months or fine of Rs 1,000 or both,” Justice Sangwan added.
Witnesses declared proclaimed persons, Punjab and Haryana High Court asks judge to explain
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