Partial relief for George as another judge warns of NBW

The case was regarding the CoP’s failure to file a report pertaining to cases pending at the Central Crime Branch (CCB) and attempts by law officers to include the report by antedating it and providing incorrect information to the court. Pointing out that the Commissioner had not appeared in person as directed by him on Monday, Justice S Vaidyanathan said, “Admittedly, the report has not been filed before December 6, 2016. There is non-compliance. Since this court intends to clarify as to the exact date of filing of the report, the Commissioner of Police, Chennai, is directed to appear before it on March 27, and explain the same, to avoid non-bailable warrant.”

The case relates to an August 22, 2016 order. The judge, while granting bail to an accused, was informed by the prosecutors regarding pending cases owing to police inaction. Based on this, the judge had directed the Commissioner to furnish details of pending cases in CCB cases till 2011 by December 6, 2016, failing which, he would have to appear before the court to explain verbally and in writing thereafter. 

Since it was not filed within the said time frame, the court directed the Commissioner to appear before it on Monday. But when the case was taken up, the judge found that the report on cases pending with CCB, which was not available till Friday evening, had somehow gained entry into the bundle and the Monday morning’s cause list, mentioned that the report had been filed. 

However, Justice Vaidyanathan on setting aside the government lawyer’s submission that the report had `inadvertently’ been filed at the first additional sessions court as wrong based on a verification said, “Thus, it is clear that the report has been filed in the eleventh hour only to prevent the appearance of the Commissioner before this court.”