Failure to execute NBWs may put city cops in spot
The failure of the city police to execute Non-Bailable Warrants (NBW) issued against persons who had failed to appear before courts for trial has put the prosecutors in a spot. Besides them being unable to proceed further in such cases leading to high pendency, the undue delay also results in the witnesses turning hostile thereby leading to offenders going scot free.
By : migrator
Update: 2016-10-01 15:49 GMT
Chennai
As of now, there are as many as 639 NBWs pending which includes 74 against under trial prisoners.
This huge pendency had resulted in the Principal Sessions Judge and Chief Metropolitan Magistrate holding a meeting with the Collector, CoP and City Public Prosecutor to speed up the execution of the warrants. But the situation has failed to improve. Execution of NBWs is among the mandatory duties prescribed under the Police Act. Failure to do so not only stalls the speedy completion of cases pending before trial courts but also offers a long rope to the culprits.
City Public Prosecutor ML Jegan, said “It is unfortunate that police have failed to take the execution of NBWs seriously. For that matter in most of the cases, the police fail to attend the courts properly. The day the witnesses turn up, the police fail to turn up with the accused, putting the prosecution in a spot. This invariably results in cases pending for long ultimately resulting in justice denied.”
Another disturbing feature is that in cases involving murder and other grievous offences, the presence of the Station House Officer (SHO) is a must. But the SHOs seldom turn up and at times the sub-inspectors are sent. Worst is, with utter disregard to law, court orderlies are even sent with case bundles. But the major fall out of such lackadaisical attitude of the police is that the witnesses turn hostile.
M Prabhavathi, Additional City Public Prosecutor, on citing the case pertaining to the murder of a jailer, which had transpired in 1999, said “If the trial is still pending in this case even after 15 years had lapsed, it is mainly owing to police failure in executing the NBWs on time.” Even the High Court has pulled them up in the case.
However, it is imperative that the police personnel who fail to take NBWs seriously are taken to task for gross negligence of duty.
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