Court on its Own Motion vs State of Punjab and Others

Jasbir Singh, Acting Chief Justice

By this common order, Civil Writ Petition No. 2070 of 2011 and Criminal Misc. No. M-17234 of 2011 both titled as "Court on its own motion V. State of Punjab and Others", shall be decided together. In Civil Writ Petition No. 2070 of 2011, the issue regarding non-arrest of the accused, whose appeals were dismissed by the competent Courts, was taken as a matter of public interest by this Court, wherein pursuant to the detail orders passed from time to time, status reports have been placed on record by both the States of Punjab & Haryana and Union Territory, Chandigarh. Similar issue has been raised in Criminal Misc. No. M-17234 of 2011.

Today also, status report has been placed on record by the State of Punjab through an affidavit of Amrit Brar, Assistant Inspector General of Police, Crime, Punjab, wherein it is stated that the Nodal Officer i.e. Superintendent of Police (Detective) are taking action to arrest the culprits/proclaimed offenders. It is also stated that at present 36 such accused remain to be arrested.

In a similar fashion, State of Haryana has placed on record a status report by way of an affidavit of Sharad Kumar, Director General of Police, Crime, Haryana, wherein it is stated that 49 convicts/proclaimed offenders remain to be arrested upto 8.9.2012. A district-wise detail has been given in the affidavit.

In the same manner, a status report has been placed on record by the Union Territory, Chandigarh by way of an affidavit of Inspector Jasbir Singh, Incharge Centralized Summon and PO Staff, Sector 17, Chandigarh, stating therein that 21 accused have been arrested/surrendered and non-bailable warrants of arrest have been issued against 20 accused and two such accused/proclaimed offenders have died. It is further stated that no order has been issued by the Courts regarding 14 accused. Having regard to the fact that appropriate steps are being taken up by both the States of Punjab & Haryana and Union Territory, Chandigarh, to arrest the accused/proclaimed offenders, we dispose of this writ petition and Criminal Misc. No. M-17234 of 2011 with a direction that the Assistant Inspector General of Police, Crime, Punjab will be a Nodal Officer for the State of Punjab, Director General of Police, Crime, Haryana, for the State of Haryana and Incharge PO & Summon Staff, U.T. Chandigarh for the Union Territory, Chandigarh, who shall continue to monitor the arrest of proclaimed offenders/accused whose appeals were dismissed by the competent Courts. The District Attorneys in all the districts of the States of Punjab & Haryana and Union Territory, Chandigarh, Advocate Generals of both the States and Senior Standing Counsel of the Union Territory, Chandigarh are directed to send intimation of dismissal of appeal to the respective Nodal Officers forthwith so that steps may be initiated to arrest the culprits. Both the States of Punjab & Haryana and Union Territory, Chandigarh are directed to provide sufficient staff to the respective Nodal Officer to arrest the culprits.