Punjab and Haryana High Court Applauds Paper Conservation While Overturning Trial Court Order
The Punjab and Haryana High Court has delivered a nuanced judgment that simultaneously praises environmental consciousness in judicial documentation while setting aside a trial court's order in a sensitive Protection of Children from Sexual Offences (POCSO) Act case. Justice Neerja K Kalson, in her January 27 order, highlighted the trial court's commendable paper-saving practices but found its legal procedures fundamentally flawed.
Judicial Efficiency Meets Environmental Responsibility
In what the High Court described as a "commendable example" of judicial sensitivity toward resource conservation, the trial court had implemented paper-saving measures that drew explicit praise. The orders were printed on the same sheet wherever possible, demonstrating what Justice Kalson called "optimal utilization of paper—a precious resource that demands prudent consideration in judicial proceedings."
"Every precaution has been taken by the officer to ensure the optimum utilisation of papers," the High Court observed, noting that this practice should be adopted by all courts nationwide as a model of environmental consciousness within the judicial system.
Procedural Lapses Lead to Order Being Quashed
Despite this praise for administrative efficiency, the High Court found the trial court's April 2021 order declaring the petitioner a "proclaimed offender" legally unsustainable. The court identified multiple procedural deficiencies that struck at the heart of fair trial guarantees.
The trial court had failed to record reasons to believe the petitioner had absconded or concealed himself—an essential requirement for declaring someone a proclaimed offender. There was no proof regarding service or non-execution of summons or arrest warrants, nor any report from executing agencies establishing deliberate absconding.
The High Court emphasized that declaring someone a proclaimed offender constitutes a serious step that curtails personal liberty, and the prescribed procedure—including recording satisfaction of abscondance, issuing notice at the accused's residence, and publication—cannot be dispensed with hastily.
Case Background and Petitioner's Arguments
The petitioner, represented by advocate Karan Bhardwaj, argued that he was in a consensual relationship with the minor when she arrived at his house in 2016. Despite being arrested and later granted bail, charges were framed against him. Bhardwaj contended that the trial court acted with undue haste, ignoring proclamation requirements and declaring his client a proclaimed offender without proper notice, summons, warrants, or evidence of absconding.
Notably, the petitioner claimed that after his release on bail, the girl's father arranged their marriage at a Gurudwara Sahib. The petitioner had approached the High Court seeking quashing of the FIR on grounds of marriage, and interim protection was granted in September 2017. However, this protection was cancelled in July 2019 when the petitioner traveled abroad and no one appeared on his behalf.
The petitioner submitted that he was unaware of the cancellation before traveling to the USA and, due to compelling circumstances, could not maintain contact with his family, leading to the proclaimed offender declaration. Trial court records indicated notices were not served, and inquiry reports stated his father had disinherited him with whereabouts unknown.
High Court's Final Directions
The High Court set aside the trial court's order declaring the petitioner a proclaimed offender and all consequential proceedings. The petitioner was directed to appear before the trial court within two weeks to apply for bail, with the trial court instructed to decide the bail application expeditiously.
This judgment underscores the delicate balance courts must maintain between administrative efficiency and procedural rigor. While environmental consciousness in judicial operations deserves recognition, fundamental legal safeguards cannot be compromised, even when dealing with backlog reduction pressures.
