LI Network
Published on: 22 August 2023 at 12:43 IST
A recent order from a Delhi court has drawn attention to the potential challenges police officials face when summoned to court, emphasizing that maintaining law and order becomes difficult if officers are frequently called to court proceedings [Ishwar Singh V. State].
Principal District and Sessions Judge at Saket Court, Madhu Jain, observed that the Special Commissioner (CP) of Delhi Police had been summoned to court not just once or twice, but more than 300 times.
The order expressed concern that if such a practice becomes widespread, police officers’ ability to uphold law and order in their respective areas could be compromised due to excessive court appearances.
The order deemed this practice unacceptable and urged for it to be stopped.
The Chief Public Prosecutor also shared his own experience of being called to court on numerous occasions, noting it occurred “for no fault of his.”
The case revolved around a revision plea by the Special Commissioner, arguing that in cases originating from the police station under his jurisdiction, he was frequently summoned by the court instead of the investigating officers.
During a criminal case related to the Delhi Excise Act, the magistrate court expressed frustration over witnesses’ non-appearance, leading to wasted court time and adjournments. Despite issuing warnings, witnesses and the station house officer failed to comply with the court’s directions.
The magisterial court then issued notice to the Special CP, asking for a written explanation due to these “compelling circumstances.”
After considering the arguments, Judge Jain set aside the order dated May 18, 2023, which sought an explanation from the Special Commissioner of Police.
The order also expunged any extra-judicial remarks related to the revisionist in the case titled “State v. Magan“
Advocates Tanveer Ahmed Mir, Vaibhav Suri, and Yash Datt represented the Special CP in the case, while Chief Public Prosecutor Salim Khan represented the State.
