Court issues showcause to Delhi police officials over non compliance

New Delhi, Jan 15 (PTI) A Delhi court has issued showcause notices to three deputy commissioners of police and five station house officers to explain why contempt proceedings should not be initiated against them over the non-compliance of its order.

Additional sessions judge Amit Sahrawat had directed the officers of all police stations within its jurisdiction to ensure the "process servers" mentioned the date of service of each summon.

A process server is an official responsible for delivering court documents, including summons, to the individuals involved in legal proceedings and ensure the right person receives it and is informed of their legal duties.

The "service of process" is essential to ensure all parties are properly notified of the legal proceedings.

On January 14, the court was hearing a Protection of Children from Sexual Offences (POCSO) case when it noted during the examination of prosecution witnesses that the survivor was absent.

"Delhi Commission for Women (DCW) counsel submits she contacted the victim through telephone and he informed the counsel he cannot appear today as the summon was received by him yesterday, that too at around 10.45 pm, i.e., late night," said the judge.

ASJ Sahrawat observed the date of serving summons to the survivor wasn't mentioned on the report.

He said, "If the summon was served to the victim yesterday itself in late night hours, then it is serious misconduct on the part of the process server and also on the part of SHO and DCP who are supervising officers of the V-B Branch, by whom summons are served." The court in its order on October 14, 2024, directed all SHOs within its jurisdiction from Prashant Vihar, KNK Marg, Jahangirpuri, Mahendra Park and Narela police stations, to ensure the process server mentioned the date of service of summon on each summon report else it would be considered a "serious lapse".

It said another order had directed the DCPs of northwest, Rohini and outer north districts to ensure compliance with the direction.

Despite the direction, the court observed no change in the reports of process servers as summons reports were being received without any date.

"The summons are served by process servers at the eleventh hour and to hide their lapse, the dates are not mentioned intentionally," it said.

Owing to the “misconduct” of the process servers, the court said, survivors and other witnesses learnt about their appearances at the last moment which in turn prolonged the trial.

"The said directions were to be complied with by all the SHOs and also by all the DCPs but they have badly failed in complying with the said direction," it held.

SHOs of Prashant Vihar, Jahangir Puri, Mahendra Park, KNK Marg and Narela police stations along with the DCPs of northwest, Rohini and outer north districts were accordingly directed "to file a reply as to why contempt proceedings be not initiated against them for not complying with the order dated October 14, 2024".

The reports of process servers continued to be submitted without the date due to the "failure of DCPs", said the court and directed their personal appearance on January 18.

"Since DCPs have jointly failed in ensuring the compliance of the said directions," it said, "therefore joint commissioner of police, northern range is also directed to file a reply about the lapse on the part of all three DCPs." The matter would come up for hearing on March 4. PTI MNR AMK