Introduction:

In a significant development, the Punjab & Haryana High Court has issued a comprehensive set of directions to enhance the enforcement of procedures under the Criminal Procedure Code for the proclamation of offenders. Justice Harpreet Singh Brar, presiding over the matter, emphasized the need for strict compliance and directed the police authorities and Courts to follow specified protocols. The case arose from a plea challenging a proclamation order, revealing a “lackadaisical approach” by the police authorities, allowing the petitioner to evade legal processes for over 15 years.

Arguments:

The petitioner’s counsel, Sandeep Sharma and Nitin Narula, highlighted the inadequacies in the police’s approach, leading to the petitioner’s successful evasion of the law. On the other side, Madhur Sharma, representing the state as Additional Advocate General, argued for the need to treat the adjournment period of 30 days as insufficient compliance under Section 82(1) of the Cr.P.C. Additionally, Justice Brar acknowledged the significance of property attachment under Section 83 CrPC for ensuring the accused’s presence during legal proceedings.

Court’s Judgement:

Justice Harpreet Singh Brar issued a set of meticulous directions to rectify procedural lapses in the proclamation process. The directives included mandatory compliance with Section 82(2)(i) Cr.P.C., the involvement of the Indian Embassy for proclamations abroad, continuous supervision by the Court post-proclamation, identification and attachment of the offender’s assets, and initiation of prosecution under Section 174-A IPC if the offender remains elusive. The Court also emphasized the role of the State-level Supervisory Committee to monitor cases of escapees declared as Proclaimed Persons/Offenders, urging necessary action for their apprehension.