Allahabad High Court Issues Stern Rebuke to UP Police Over Warrant Execution Failures
The Allahabad High Court has delivered a sharp reprimand to Uttar Pradesh police officials concerning persistent instances where non-bailable warrants (NBWs) issued by the court have not been executed. The court expressed severe dissatisfaction with top police officers in Gautam Buddh Nagar and Hapur districts for their failure to execute an NBW linked to a criminal appeal from 2019.
Court Demands Accountability and Personal Appearances
During a hearing on Thursday for a criminal appeal filed by Kaushal Kishore, also known as Baba, a division bench consisting of Justices Salil Kumar Rai and Satya Veer Singh made strong observations. The bench emphasized that if NBWs are not executed within the stipulated time, the concerned police personnel and officers must be held accountable by the district police administration, with suitable action taken against them.
The court stated, "In case, NBWs issued by the court are not executed within the time supposed to be executed, the police personnel/officers concerned shall be held accountable by the police administration of the district and suitable action be taken against them." It further noted that the non-execution of warrants is frustrating the court's efforts to proceed with hearings of criminal appeals and other cases, making such observations necessary.
Contradictions and Court Summons
In previous hearings, the court identified a significant contradiction between a police report claiming the appellant's address could not be verified and the appellant's affidavit stating that police had visited his house to inform him of the warrant. This discrepancy prompted the high court to summon Gautam Buddh Nagar police personnel and the Hapur Senior Superintendent of Police (SSP) to appear personally before the court on February 4.
The court also directed these officers, responsible for executing the non-bailable warrant, to explain their failure through personal affidavits. The bench remarked, "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."
Police Officials Appear and Affidavits Filed
In compliance with the court's direction, the Hapur SSP and Gautam Buddh Nagar Deputy Commissioner of Police (DCP) appeared in person before the high court on February 12. Additionally, the Commissioner of Police for Gautam Buddh Nagar attended via video-conferencing, while the Commissioner of Police for Hapur submitted his personal affidavit.
The Commissioner of Police for Gautam Buddh Nagar filed her personal affidavit, detailing steps taken by the administration against police personnel responsible for returning and failing to execute the non-bailable warrant. Additional Advocate General (AAG) Anoop Trivedi informed the court that appropriate departmental proceedings have been initiated against the delinquent officers.
Court's Decision and Future Directions
In response, the court stated, "Considering the fact that departmental proceedings have been instituted by the police administration in district Gautam Buddh Nagar against the police personnel, who failed to execute the non-bailable warrant issued by this court, the court does not propose to take any further action, at present."
The court has scheduled the next hearing for March 23 and directed that on that date, the administration must report the results of the departmental proceedings instituted against the police personnel responsible for the failure to execute the NBW, as disclosed in the commissioner's affidavit. This move underscores the court's commitment to ensuring police accountability and the proper execution of judicial orders.
