LI Network
Published on: 28 January, 2024 at 00:30 IST
In a recent development, the Punjab & Haryana High Court has issued a set of comprehensive directions aimed at ensuring strict compliance with procedures outlined in the Criminal Procedure Code (Cr.P.C.) for the proclamation of offenders.
Justice Harpreet Singh Brar directed police authorities and Courts to adhere to the established procedures and outlined specific actions to be taken during the arrest of proclaimed offenders.
The court mandated that the Investigating Officer or the Station House Officer must obtain at least two of the following documents at the time of arrest or soon thereafter: Passport, Pan Card Copy, Bank Passbook, Credit card with photograph, Ration card, Electricity bill, Landline telephone bill, Voter I.D. Card issued by the Election Commission of India, Property Tax Register, and Aadhaar Card.
This directive was issued in response to a plea challenging a proclamation order, where the court found that the petitioner had managed to evade legal processes for about 15 years due to the lackadaisical approach of the police authorities.
The Court also issued several other directions to the courts, emphasizing that an adjournment of 30 days cannot be considered compliance with Section 82(1) of the Cr.P.C. All provisions of Section 82(2)(i) must be mandatorily complied with cumulatively.
Additionally, when the accused is not residing in India, their proclamation must be carried out abroad through the Indian Embassy in their country of residence.
To ensure proper issuance and service of summons, warrants, and proclamations, the court referred to a judgment passed by the Madhya Pradesh High Court.
The Court emphasized that proceedings should not be closed upon declaring an accused as a proclaimed offender, and the court should direct the police to take necessary actions for tracing the proclaimed person, filing periodic status reports.
Further directions included the tracing and identification of movable and immovable properties of the proclaimed offender, attachment of properties under Section 83 of the Cr.P.C., and the constitution of a state-level supervisory committee by the Director General of Police to monitor cases of escapees declared as proclaimed persons/offenders.
The Court also stressed that complainants must provide the mobile number and address of the accused while lodging reports or applications, aiding in the issuance of processes against the accused.
Justice Brar highlighted that property attachment under Section 83 of the Cr.P.C. is a significant component of criminal justice administration, allowing jurisdictional police authorities to ensure the presence of the accused during legal processes.
In conclusion, the Court directed the Registry to circulate a copy of the order to the Director General of Police in the States of Punjab, Haryana, and U.T. Chandigarh, as well as all district courts within its jurisdiction for information and compliance.
