Police Witnesses Ignoring Court Process is 'Shameful'; Rajasthan HC Summons DGP for Non-Execution of Warrants. - 2025-09-04

Rajasthan High Court Slams Police for Ignoring Summons, Summons DGP Over 'Deplorable State of Affairs'

Jodhpur, Rajasthan - The Rajasthan High Court has taken a strong stand against the persistent failure of police witnesses to appear in court, a situation it described as a "most distressing and deplorable state of affairs." In a sharply worded order, Hon'ble Mr. Justice Farjand Ali summoned the Director General of Police (DGP), Rajasthan, to explain why his subordinate officers are "blatantly defying the process of law" and why arrest warrants issued against them remain unexecuted.

The court's observations came during the hearing of a bail application in the case of Kuldeep Singh v. State Of Rajasthan . The proceedings had been stalled due to the non-appearance of key prosecution witnesses, particularly the police officials involved in the recovery of evidence.

A System Undermined from Within

The counsel for the State informed the court that despite repeated efforts by the trial court, including the issuance of arrest warrants, the police officials were not attending the proceedings to give their testimony.

Justice Farjand Ali expressed grave concern over this systemic failure, noting the irony of law enforcement officers themselves flouting legal processes. The court observed that such defiance shakes public confidence in the entire justice delivery system.

"The very fact that a serving police officer, who is posted at some place in the State and performing public duty, cannot be apprehended despite an arrest warrant against him, shakes the confidence of the public in the justice delivery system and seriously erodes the faith of the society in the preventive agency itself," the order stated. "Nothing can be more shameful for a democratic system governed by rule of law."

Failure to Implement Previous Directives

The court highlighted that this was not a new issue. It referred to a 2015 order in Ganesh Ram v. State of Rajasthan , where a coordinate bench of the High Court had established a clear mechanism to prevent such delays. The Ganesh Ram judgment had directed the DGP to appoint a Nodal Officer, not below the rank of Circle Inspector, in each district. This officer's specific responsibility was to ensure the service of summons and the attendance of police witnesses in court, holding the Nodal Officer personally liable for non-compliance.

Justice Ali noted that the current situation proves that the 2015 directives have not been implemented "in their true spirit."

DGP Summoned for Explanation

Finding a "gross failure of responsibility," the High Court has directed the DGP, Rajasthan, to file a personal affidavit explaining the matter. The court has sought specific answers on the following points:

• Whether the directions in the Ganesh Ram case have been implemented in letter and spirit.
• The identity of the designated Nodal Officer in the concerned district.
• The steps taken to ensure compliance with the trial court's orders.
• Why contempt of court proceedings should not be initiated against the responsible officers for "blatant disobedience."

The court has instructed the Government Advocate-cum-Additional Advocate General to immediately communicate the order to the DGP. The affidavit must be filed before the next hearing date.

This order underscores the judiciary's increasing intolerance for procedural lapses that delay trials and undermine the rule of law, particularly when the lapses are attributable to the law enforcement agencies themselves.