The Punjab and Haryana High Court has directed Punjab Director-General of Police (Law and Order) to remain present before it on the next date of hearing and explain why prosecution witnesses, especially police officials, are not appearing before trial courts to have their testimony recorded despite repeated non-bailable warrants.“There is another aspect, nay a vital aspect, of the matter which craves for attention of this court, i.e., non-appearance of prosecution witnesses, especially when such prosecution witnesses are police officials, despite non-bailable warrants having been issued by the trial court,” Justice Sumeet Goel observed.The Bench noted it was repeatedly observed that official witnesses in NDPS cases –– “who, in most cases, comprise police personnel” –– were consistently failing to appear before courts to tender evidence despite bailable warrants and, in numerous instances, even non-bailable warrants.The Bench added: “Alarmingly, there exist several cases where even bailable warrants remain unexecuted for extended periods, resulting in routine adjournments of trials under the NDPS Act solely on this count.”Describing the situation as “a deeply disturbing and systemic lapse in the prosecutorial mechanism”, Justice Goel asserted the trials were stalled because of “the indifference or wilful non-cooperation of official witnesses”. Such conduct “not only frustrates the right of the accused—whether incarcerated or on bail—to a speedy trial as enshrined under Article 21 of the Constitution, but also gravely undermines the administration of criminal justice”.The Bench added it was observed that authorities often acted with urgency while registering an FIR and arresting an accused. But “once the case reaches trial, the same urgency frequently disappears”.The court made it clear that “presenting/filing of challan/final report does not conclude the responsibility of the prosecuting agency; it marks the beginning of its duty to diligently prosecute the case”. Justice Goel further observed that the abdication of duty by official witnesses, who were employees of the state, “erodes public confidence in the justice delivery system and emboldens criminal elements by showcasing prosecutorial apathy”. It said the resultant delay “compromises deterrence and enables the recycling of narcotic offenders back into society during pendency of trial” and obstructs the overarching objective of the NDPS Act—the containment of drug trafficking and substance abuse.The Bench also placed responsibility on senior police officials. “Senior police officers at the helm of the police force at the district level, i.e., the SSP/SP concerned are also under a bounden duty to monitor the conduct of their subordinate police officials and ensure their presence for tendering evidence before the concerned trial court,” Justice Goel asserted, adding that the apparent abdication of duty by the senior police officials was a malady to which the court was “unable to turn a Nelson’s eye”.In his detailed order, Justice Goel asserted that the consequence of non-compliance/disregard was not confined to procedural delay. The trial was stalled, the accused was deprived of a timely adjudication, and the court was compelled to await the convenience or indifference of the very agency that had set the criminal law into motion.“The spectacle of a court repeatedly summoning a public servant to discharge a duty which he is already legally bound to perform, only to find the process met with continued absence, is not merely an instance of administrative lethargy. It is a serious affront to the authority of judicial process and, more importantly, an abdication of the prosecution’s obligation to bring its own prosecution to a lawful conclusion,” Justice Goel added. When court-issued processes repeatedly failed to secure the attendance of official witnesses, the court said, “the issue is no longer an isolated administrative lapse but reflects a serious institutional failure”. As a result, “judicial time is being spent not on adjudicating the case, but on compelling the prosecution to perform its basic duty”.  The matter has been fixed for September 21.