Police Commissioner Swapan Sharma.
State Bureau, Chandigarh. The Punjab and Haryana High Court has expressed strong objection to the increasing trend of district courts summoning senior police officers as defense witnesses without solid grounds. The court made it clear that summoning officers who have no direct role in the investigation of a case merely for the purpose of “attracting attention” or “postponing the case” is a flagrant abuse of the judicial process.
The remarks came during the hearing of a petition challenging a Jalandhar court order summoning Ludhiana Police Commissioner Swapan Sharma as a witness in the NDPS case. A bench of Justice Jasjit Singh Bedi of the High Court came down heavily on both the petitioner's counsel and the Jalandhar court, saying such orders not only hamper the proceedings but also act as a means of deliberately prolonging the time-bound NDPS cases.
In the open court, the bench asked, "Why do you need to call the Ludhiana Police Commissioner to the court? Just to give the CCTV records?"
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Expressed grave surprise on issuance of bailable warrant
The court also expressed grave surprise at the issue of bailable warrant to summon senior officials. When the defense could not present any satisfactory basis, the bench said that honest and non-investigating officers cannot be put in the dock just for the sake of media headlines or delay tactics.
The High Court also said that when a formal request was made by the Police Commissioner for permission to appear through video conferencing, the District Court should have considered the same. Insistence on physical presence cannot be justified, especially when officers are discharging statutory duties in a high risk investigation.
The bench also expressed concern over the media reporting after the summoning order and said the coverage driven by speculation and misinformation damages the image of senior officials. The court acknowledged that such reporting affects both the transparency of journalism and public trust. Considering all these aspects, the High Court immediately stayed the summon order of the Jalandhar court.
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The matter is related to the recovery of 2024
The court made it clear that where investigation has been completed, there is concrete evidence of recovery and arrest, summoning senior officers serves no purpose other than delaying justice. This NDPS case is related to a well-organized, two-month long operation by the Jalandhar Commissionerate Police. In March 2024, an international drug trafficking network was busted, which extended to the UK, US, Australia and Canada through courier channels.
In this operation, nine accused were arrested, 22 kg of opium was recovered of which 17 kg was directly linked to the accused. Ram was recently arrested from Jharkhand, from whom 12 kg of opium was found. The involvement of couriers, hawala operators and middlemen was exposed. 30 bank accounts involving Rs 9 crore were frozen.
A deep network involving six customs officials was also exposed, in which four Delhi employees were arrested. The High Court acknowledged that the entire supply chain has collapsed, hence summoning senior officials in such a case is nothing but a judicial delay.
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