The Hindu : Tamil Nadu News : “Unprecedented” action against official witness Law & order

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Tamil Nadu

Tamil Nadu

“Unprecedented” action against official witness Law & order

Judge issues notice to inspector seeking explanation for her non-appearance
in court, says
S. Sundar

The Mahila Court initiated suo motu action against a woman Inspector of Police on Thursday for failing to tender evidence in a rape case. The inspector was served summons 18 times in the last one year.

The Judge, E.M.K. Siddarthar, issued notice to the inspector seeking explanation for her non-appearance under Section 350 of Criminal Procedure Code. Though such proceedings against a witness for non-attendance in courts without obeying summons are no t new, it is said that such an action against the official witness is unprecedented.

The inspector has been accused of not appearing in court ever since the first summons was issued in February 12, 2007. Information on the summons had been passed on to her over the police wireless communication network on eight occasions.

But for her evidence, the case pertaining to the alleged rape of a minor girl by a 62-year-old man in Tirumangalam would not have remained pending for nearly one year.

The Judge has sought the details of her duty on days when she was summoned to appear before the court.

A section of lawyers feels it is a pro-active action by the court. However, some others feel that issuing an arrest warrant would save more time.

Though the maximum punishment under this procedure is only a fine of Rs. 100, it would affect the career prospects of the officer, in terms of increment and promotional chances, an advocate, M.S. Ashok, said.

“People always think that it is only because of the lawyers that cases are dragged on for months/years,” he said.

However, a Supreme Court advocate in Madurai, T. Lajapathi Roy, felt that the inspector should not have been given so long a time. An arrest warrant issued by the court would have secured her much before, he said. For him, the warrant is more powerful.

Mr. Ashok said that the court’s action would imbibe moral fear in the official witnesses and help in speedy disposal of cases as intended by the Supreme Court and the Government.

When brought to his notice, the Director General of Police, P. Rajendran, said that the police department viewed such lapses in tendering evidence very seriously.

“We take stringent action like placing them under suspension,” he said.

The common man will welcome any action that will not delay justice.

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