The Orissa High Court has recently taken a stern stance against a Deputy Superintendent of Police (DSP) who failed to appear before the court in a case despite previous notice and intimation through the Government lawyer. The court, presided over by Justice Sangam Kumar Sahoo, issued a contempt notice to DSP Sudhakar Sahu and, in a significant move, directed the Director General of Police (DGP) to ensure the DSP's personal appearance on the next scheduled date of 06.12.2023.
This legal development unfolded in the context of a bail application hearing concerning two individuals accused of committing the heinous crime of gang rape against a lady belonging to the Scheduled Caste/Scheduled Tribe (SC/ST) category. The appellants had initially approached the Orissa High Court with separate bail applications, which were collectively rejected. However, the court granted them the liberty to renew their bail application after the examination of the victim in the trial court.
Following the court's directive, the appellants pursued bail before the trial court. Unfortunately for them, the trial court rejected their bail application on 08.09.2023, citing delays in framing charges due to the non-production of crucial material objects and the chemical examination report. The trial court further instructed the investigating officer and the Special Public Prosecutor to produce the necessary materials within fifteen days.
During the subsequent High Court hearing on 14.11.2023, the court noted that despite a considerable lapse of two months, the material objects and chemical examination report were still not presented before the trial court. Expressing dissatisfaction with this delay, the court ordered the investigating officer to appear before it through virtual mode on 21.11.2023 to provide an explanation for the non-compliance with the earlier directive.
On the day of the hearing, the State Counsel informed the court that the investigating officer, despite instructions, expressed reluctance to appear before the court, citing a recent transfer to a different jurisdiction. The Additional Standing Counsel for the State, Sonak Mishra, conveyed that even after personal communication with the officer, he refused to comply with the court's instructions.
The court, understandably displeased with what it deemed contemptuous behavior on the part of the investigating officer, took decisive action. It ordered a show cause notice to be filed by DSP Sudhakar Sahu, presently posted in Nayagarh district, explaining why contempt proceedings under the Contempt of Courts Act, 1971, should not be initiated against him. The court sought clarification on why the officer failed to follow the court's direction on 14.11.2023 and neglected to appear through virtual mode despite instructions from the State counsel.
This development underscores the court's commitment to upholding the sanctity of its directives and ensuring the smooth dispensation of justice. Contempt proceedings, if initiated, could have serious implications for the DSP. The court's decision to involve the DGP in ensuring the DSP's appearance on the next date highlights the gravity of the situation and the court's determination to address non-compliance promptly.
The case, now adjourned to 06.12.2023, is poised to unfold with heightened scrutiny on the actions of DSP Sudhakar Sahu and the larger implications for the administration of justice in Orissa. It serves as a reminder of the importance of adherence to court directives and the consequences that may follow when such directives are disregarded, even by law enforcement officials.
TAGS: Orissa High Court contempt notice DSP Deputy Superintendent of Police non-appearance virtual mode Director General of Police
