Allahabad High Court Slams UP Police Over Repeated Non-Execution Of Its NBWs, Says 'Don't Play Games With Us'

The Allahabad High Court today strongly slammed the UP Police officials working in State over repeated instances of non-execution of the Non-Bailable Warrant issued by it.The bench also pulled up the top cops working in Gautam Budh Nagar and Hapur districts over alleged collusion of their subordinates with a murder convict to frustrate the execution of a Non-Bailable Warrant (NBW) pertaining to a 2019 criminal appeal. "Tell the police force that this is a court of law…we know the law, we know the working of the court. We may not know how the police function, but we are intelligent enough to know when the police is trying to take the court lightly…Don't play games with us and dont break the trust of public,” a bench of Justice Salil Kumar Rai and Justice Satya Veer Singh orally remarked. The Court also remarked that while UP Police officials easily catch the accused booked u/s 498A IPC, even if they are reputed people, be it a doctor or a professor, they can't catch an absconder. For context, during the previous hearing in the case, the bench had noted a glaring contradiction between the police report (concerning non-execution of NBW), which claimed the appellant's address could not be verified, and the appellant's own affidavit, which stated that the police had indeed visited his house to inform him of the warrant. Following this, on February 4, the Court summoned the Commissioner of Police, Gautam Budh Nagar and the Senior Superintendent of Police (SSP), Hapur, to appear personally before the Court. The bench had also directed the officers who were responsible for the execution of the non-bailable warrant to explain their failure through their personal affidavits. "We take a strict view of the matter. The action of the concerned police personnel not only reveals incompetence and misconduct in service but also makes them liable to prosecution in contempt," the bench had remarked. Now today, SSP, Hapur and DCP, Guatam Buddh Nagar, appeared in person before the HC. The Commissioner of Police, Gautam Buddh Nagar, appeared through VC. At the outset, the bench took exception to this and asked the DCP concerned to leave the court. It added that the HC won't hear a delegate. "Court will not entertain a delegate of commissioner", the bench orally remarked while allowing the CP's request to appear through VC. Further, on the merits of the case, the bench strongly objected to the non-execution of the NBW. It remarked thus: "The NBW has not been executed for 4 months. It is the job of the police to find out where the accused is. The warrant is not issued by the CJM but by this court. It is a permanent warrant. It could not have been returned back. It had to be executed. There is not a single NBW issued by this court, which had been executed by the police…Issue of warrant by the court has become a means for the police to earn money”, the bench orally remarked. Following this remark, the bench was informed by AAG Anoop Trivedi that the concerned Constable, Sub-Inspector, and others have been suspended, and the CP has initiated an inquiry into them. He also assured the Court that henceforth, there will not be a single case where NBWs issued by the court are not executed within time.However, the bench was not convinced by the assurance, and the bench orally remarked thus:"What kind of a police system are we living with? Position does not remain forever. And people are always scared after receiving warrants from the court or the police. How do we restore the confidence of the public? We know how departmental inquiries are conducted and on what considerations they are decided...The uniformed service is only there to harass the public".Importantly, Justice Satya Veer Singh also asked the AAG to explain why a judicial inquiry was not set up concerning the case. The bench also pointed out the flaws in the circular issued by CP and attached to her affidavit.The bench also sought an assurance that no warrant issued by the court would go unexecuted by the police, and that, in the event of non-execution, departmental proceedings must be initiated against the delinquent. To this, the AAG agreed.A detailed order was passed, and the matter has been posted for a further hearing on March 23.Advocate Rahul Singh Dahiya appeared for the appellant.

Allahabad High Court Slams UP Police Over Repeated Non-Execution Of Its NBWs, Says 'Don't Play Games With Us'

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