The Allahabad High Court recently ordered Additional District Judge of Badaun to give a written explanation on why an order of 2016 to issue non-bailable warrants (NBW) against three policemen had not been complied with till date.
Expressing shock, the bench of Justice Rahul Chaturvedi observed, “…non-bailable warrants were issued against the respondent nos.3, 4 and 5 for the first time way back on 20.7.2016 and now we are in January 2023, but after lapse of even six years, learned Additional District Judge/Special Court/D.A.A., Badaun was unable to get the non bailable warrants executed against police personnel. Indeed, it is a shocking state of affairs”.
Taking a strong view, the bench said that the “police personnel are not above the law and the application of law and legal provisions should be one and same for all”.
The single-judge bench further stressed that no special treatment should be given to any person depending upon his position, power, and place in society.
Accordingly, the bench sought the explanation of the ADJ while posting the matter for further hearing on February 1.
Apart from that, the bench expressed its expectation that by the next date of hearing, if there is no other legal impediment, the ADJ will execute his own non-bailable warrants against the policemen concerned and will give a report.
The three policemen are accused under Sections 436, 395, and 397 of the Indian Penal Code. The court was apprised by the counsel for the applicant in the matter that the accused police personnel are not cooperating with the trial and despite the NBWs issued against them in 2016, it had not been executed.
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