Accountability of police in failure of executing warrants
1 year ago
My query is related to the duties, responsibilities & accountability of the Police.
In this case the accused has borrowed a huge number of loans from 10-12 banks and is a serial defaulter and criminal needed in cheque bouncing cases.
In cheque bouncing cases bailable and non bailable warrants are issued against an accused by the court.
The police are bound by law to execute these warrants.
In my cases more than 30 warrants including bailable & non bailable have been issued by the District & Sessions Court.
It\'s frustrating to convey that during the last 10-12 months warrants have been repeatedly issued by the Courts, but the police haven\'t been successful in execution of almost all of my bailable and non bailable warrants.
The accused is in town and can be easily trapped by the police.
This also gives us enough room to believe that the accused might be managing the police and the system.
The police are capable of solving the most of the complicated cases.
Since the courts have issued these warrants to the police stations, it is not the job of a citizen to run after and follow up with the police for smooth execution of these warrants.
It\'s even more frustrating when the accused along with his lawyer secretly comes to the Court and bails him out.
Due to non execution of warrants the process of trial and finally judgements is delayed and number of cases keep on piling up in the courts.
Sir my query :
Are the police not responsible & accountable for execution of these warrants??
Under various acts like the Maharashtra Police Act & other acts related to the police, in which laws are the duties, responsibilities & accountability of police defined??
I look forward to your co-operation and help in smooth execution of these warrants.
Yes, they are liable. According to Police Act, 1861 S.28 covers the same saying that every police officer who commits a duty violation, neglects to follow a lawful order or regulation issued by a competent authority, resigns from his position without authorization, engages in lawful employment outside of his position without authorization, is cowardly, or uses unjustified personal violence against a person in his custody will be held accountable upon conviction before a Magistrate.