Explain Why Contempt Should Not Be Initiated Against Police Officers Who Failed To Appear Despite Order, Arrest Warrant: Rajasthan HC To DGP

Pursuant to non-appearance of police officers as witnesses in a criminal case despite service of arrest warrants against them, Rajasthan High Court summoned an explanation from the state's Director General Police as to why the subordinates were consistently failing to discharge their statutory duties.

Ordering the DGP to file an affidavit the court asked the senior officer to answer as to why contempt proceedings should not be initiated against the "responsible officers for blatant disobedience of the Court's orders".  

While terming the situation as most distressing and deplorable, Justice Farjand Ali observed, that the fact that serving police officer could not be apprehended despite an arrest warrant, shook the confidence of public in the justice delivery system and seriously eroded the faith of society in the preventive agency itself.

The Court was hearing a bail plea wherein the State's counsel submitted that despite sincere efforts by the Trial Court to secure presence of prosecution witnesses, especially the police officials, they did not turn up before the Court even after arrest warrants were issued against them but those could not be effectuated. 

The Court said, “This Court finds it to be a most distressing and deplorable state of affairs that police officers, who themselves are duty bound to effectuate service of process in criminal cases, are blatantly defying the process of law. The situation becomes even more alarming when a warrant of arrest issued by a Court is not executed merely because the concerned person happens to be a police officer.”

Reference was made to a division bench decision in the case of Ganesh Ram v State of Rajasthan in which the Court had directed appointment of a Nodal Officer who shall be responsible for ensuring service of summons and securing attendance of police witnesses before Courts. And in case of non-compliance, the Nodal office was personally liable.

The Court stated that the directions given in the above-mentioned case were not complied with in their true spirit, and the fact that even arrest warrants remained unexecuted against the police officers demonstrated gross failure of responsibility.

“Nothing can be more shameful for a democratic system governed by rule of law.”

In this background, the DGP was directed to file an affidavit explaining such non-discharge of statutory duties by its subordinates, and also whether the directions in the Ganesh Ram case were implemented. If yes, who was the Nodal Office in the concerned district.

The matter has been listed on September 12, 2025.

Title: Kuldeep Singh v State of Rajasthan

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