HC slams cops on non-execution of NBWs

Prayagraj: The Allahabad high court has come down heavily on the Uttar Pradesh police officials over repeated instances of non-execution of the non-bailable warrants (NBW) issued by the court. The court took a strong stance against top cops in Gautam Buddh Nagar and Hapur for failing to execute a non-bailable warrant (NBW) related to a 2019 criminal appeal. The court had summoned the police chiefs of Gautam Buddh Nagar and Hapur. Both of whom attended the hearing on Feb 12. The next hearing is scheduled for March 23. Hearing a criminal appeal filed by Kaushal Kishore alias Baba on Thursday, a division bench comprising Justices Salil Kumar Rai and Satya Veer Singh observed, "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. The aforesaid observation of the court has become necessary in the context that non-execution of warrants being issued by this court is frustrating the endeavour of the court to proceed with the hearing of criminal appeals and other cases."
During the previous hearing in the case, the court 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 Feb 4, the high court summoned the Gautam Buddh Nagar police personnel and Hapur SSP to appear personally before the court. The court 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 court had remarked. In accordance with the direction of the court, Hapur SSP and Guatam Buddh Nagar DCP appeared in person before the high court on Feb 12. The commissioner of police, Gautam Buddh Nagar, appeared through video-conferencing. The commissioner of police, Hapur, filed his personal affidavit. Besides, the commissioner of police, Gautam Buddh Nagar filed her personal affidavit disclosing the steps taken by the administration against the police personnel responsible for returning the non-bailable warrant and failing to execute the warrant. The court was informed by additional advocate general (AAG) Anoop Trivedi that appropriate departmental proceedings have been initiated against the delinquent cops. On this, the court said, "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 directed that on the next date fixed, the administration shall report to the court the result of departmental proceedings instituted against the police personnel responsible for the failure of the administration to execute the NBW and as disclosed in the affidavit of the commissioner of police.