Principal secy asked to evolve mechanism for timely execution of NBWs

LUCKNOW : Terming it strange that even non -bailable warrants were not executed timely, the Lucknow bench of the Allahabad high court has directed the principal secretary, home, to take stock of the situation and evolve a mechanism for the same at the state or district level or both and apprise the court within one month.

Justice Attau Rahman Masoodi gave this order on a petition filed by Nizam Beg and others, challenging the non-bailable warrant issued against them on July 7, 2012 in a complaint case.

The court said it was surprising to note that neither the summoning order nor the non- bailable warrant was complied with despite a lapse of more than five years.

“This is a strange situation that even non -bailable warrants issued by the competent court are not executed against the accused persons timely and due to an undue advantage of influence or laxity of the police authorities or otherwise, the proceedings prolong ,” the court said.

The court observed that the state government was bound to adopt and evolve an effective mechanism through which service of summons /warrants may be made prompt and effective.

A special cell centrally controlled at the state level and the district level deserves to be constituted for this purpose so that the courts may not face difficulty on account of summons remaining unserved and warrants not complied with, it added.

Passing this order, the court directed additional advocate general (AAG ) VK Shahi, who appeared for the state, to assist in this matter when the case is listed next on October 13.

In the meantime, the court left it open to the petitioners to appear before the court below and apply for bail.