Rajasthan High Court Rejects Petition for Conversion of Arrest Warrant Amidst 38-Year Absconsion

Court emphasizes the right to a speedy trial and orders creation of a special police cell to trace absconding accused.

In a significant ruling, the Rajasthan High Court, Jaipur Bench, under Justice Anoop Kumar Dhand, has dismissed a petition filed by Nathi Devi seeking the conversion of her arrest warrant into a bailable warrant. The petitioner has been absconding for over 38 years, leading to a prolonged delay in the justice process, which the court identified as a gross abuse of the legal system.

The case in question dates back to 1983 when an FIR was registered against Devi under several sections of the Indian Penal Code, including Sections 147, 148, 149, 323, and 325. Her bail bonds were forfeited in 1987 due to her non-appearance, and a standing arrest warrant was issued in 2000. Devi's absence has notably stalled her trial for over four decades, raising concerns about the erosion of public trust in the judicial system and the violation of the right to a speedy trial under Article 21 of the Indian Constitution.

Justice Dhand highlighted that the petitioner's long-term absconsion undermines the administration of justice, potentially intimidates witnesses, and weakens the prosecution's case. The court underscored the negative impact of such delays, which can result in lost evidence and fading memories, ultimately affecting the fairness of the trial.

The court further criticized the police authorities for their inability to apprehend Devi despite her known residence, stressing the importance of executing arrest warrants promptly. It directed the Principal Secretary, Home Department, and the Director General of Police to establish a special cell dedicated to tracing absconding accused and ensuring timely justice for victims.

The judgment also calls upon the trial courts to expedite proceedings once the accused are apprehended. The ruling serves as a stern reminder of the judiciary's commitment to uphold the rule of law and the fundamental rights of individuals, emphasizing that justice delayed is indeed justice denied.

Bottom Line:

Right to a speedy trial is integral to the right to life and personal liberty under Article 21 of the Indian Constitution - Prolonged absconsion of accused hampers justice, erodes public trust, and causes systematic failures in the justice administration system.

Statutory provision(s): Article 21 of the Indian Constitution, Section 70(2) Cr.P.C., Sections 147, 148, 149, 323, 325, and 299 of the Indian Penal Code.

Nathi Devi v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2809072