In 2004, a magistrate in Gujarat issued bailable warrants against then Chief Justice of India Mr. V.N. Khare and then President of India, Mr. A.P.J. Abul Kalam. These bailable warrants were issued in a false and fabricated case. As per processes, the court sends summons first, if the summoned person doesn’t present himself in the court, then bailable warrants are to be issued. In some cases, summons doesn’t reach the summoned. They know when a Police Officer knocks their door with the arrest warrant.
My one friend N.K.Mehta was a Government Witness in a criminal case. He didn’t receive any summons. On a beautiful morning, a Police Officer knocked his doors with a nonbailable warrant. You may just imagine how a law abiding citizen would feel when he will face the nonbailable arrest warrant for helping the law and order machinery by being a witness in a criminal case against hardened criminals. You may also guess how he might have saved himself from being arrested.
Sources say that in the lower courts some court, clerks demand and accept money openly as PESHI for taking attendance and informing next date. My friend’s father was fighting a false criminal case, years ago. He allegedly gave PESHI and received date. Later on, he was arrested by the Police on a nonbailable warrant. He was produced in the court in handcuffs and rope like a thief and came to know that the date given to him by the clerk was one week after the actual date fixed by the court. The court issued the nonbailable warrant for not appearing on the date. The opposite party was very active in getting a nonbailable arrest warrant issued and getting him arrested.
The Honorable Chief Justice of Patna High Court has sacked some judicial officers for wrong behavior. It is high time that erring employees acting in lower posts are also taken to the task and CCTVs are installed in courts to discourage unethical practices. Dates should be posted in internet site of the court. No nonbailable warrants should be issued for accidental or unintentional absence.