Very difficult for police to maintain law and order if they are summoned to court every time: Delhi court

A Delhi court recently set aside a magistrate court order asking for a written explanation from the Delhi Police Special Commissioner (CP) on non-compliance of its directions by his subordinate officers [Ishwar Singh v. State]..Principal District and Sessions Judge at Saket Court Madhu Jain observed that the Special CP had been summoned not once or twice, but over 300 times by the court.“If such a practice is adopted and followed by all the courts then it will be very difficult for the police officials to maintain law and order in their respective areas as they will be spending whole of their time in the courts. Not only this practice is to be deprecated but we must also stop this practice,” the order stated..The Chief Public Prosecutor submitted that even he had been called by the court concerned on several occasions "for no fault of his"..The court was hearing a revision plea filed by the Special Commissioner arguing that in every case stemming from the police station (Badarpur) under his authority, instead of the summoning the investigating officer concerned, the court would summon him for addressing the queries.While dealing with a criminal case under the Delhi Excise Act at the stage of prosecution evidence, the magistrate court had expressed displeasure over the non-appearance of witnesses. “This results in wastage of precious time of the court and the cases have to be adjourned. Further, in several cases the court has to issue bailable and non-bailable warrants against the witnesses, who have failed to change their conduct before this court and are not appearing despite oral and written warnings,” it had remarked..The magistrate went on to note that the witnesses and the station house officer of the police station concerned had been directed to file an application for exemption, but there had been no change in their conduct.Considering the "compelling circumstances,” the magisterial court issued notice to the “Special CP concerned with direction to give a written explanation”..After considering the arguments, Judge Jain held,"The impugned order dated May 18, 2023 calling for an explanation from the (Special) Commissioner of Police, Delhi is set aside and the extra judicial remarks with respect to the revisionist in the said order passed in the case titled as State v. Magan FIR 10/2020 PS Badarpur are expunged.".Advocates Tanveer Ahmed Mir, Vaibhav Suri and Yash Datt appeared for the Special CP.Chief Public Prosecutor Salim Khan represented State..[Read Order]