Difficult for Police to Maintain Law and Order If Continuously Summoned, Says Delhi Court

A Delhi court has set aside a magistrate court's order that required a written explanation from the Delhi Police Special Commissioner (CP) regarding the alleged non-compliance of directions by his subordinate officers.

Principal District and Sessions Judge Madhu Jain of Saket Court said that the Special CP had been summoned over 300 times by the court, expressing concern over the impact of such summonses on the maintenance of law and order.

The court said that such a practise should be discouraged and discontinued.

“If such a practice is adopted and followed by all the courts then it will be very difficult for the police officials to maintain law and order in their respective areas as they will be spending whole of their time in the courts. Not only this practice is to be deprecated but we must also stop this practice,” the court said.

The Chief Public Prosecutor also informed the court that he had been summoned by the court multiple times, too.

The court was hearing a revision plea filed by the Special Commissioner arguing that in every case stemming from the police station (Badarpur) under his authority, instead of the summoning the investigating officer concerned, the court would summon him for addressing the queries.

While dealing with a criminal case under the Delhi Excise Act at the stage of prosecution evidence, the magistrate court had expressed displeasure over the non-appearance of witnesses.

“This results in wastage of precious time of the court and the cases have to be adjourned. Further, in several cases the court has to issue bailable and non-bailable warrants against the witnesses, who have failed to change their conduct before this court and are not appearing despite oral and written warnings,” it had remarked.

The magistrate had observed that despite directives to file exemption applications, witnesses and the station house officer had not changed their behaviour.

The magisterial court then issued a notice to the Special CP, seeking a written explanation for the situation

Aftee consideration, Judge Madhu Jain set aside the order.

"The impugned order dated May 18, 2023 calling for an explanation from the (Special) Commissioner of Police, Delhi is set aside and the extra judicial remarks with respect to the revisionist in the said order passed in the case titled as State v. Magan FIR 10/2020 PS Badarpur are expunged," the judge said.