Punjab & Haryana High Court Quashes Non-Bailable Warrants Against Petitioner, Stresses on Fair Procedure in Line with Article 21

 The Punjab and Haryana High Court today set aside the non-bailable warrants issued against Vakul Khullar, with Justice Harpreet Singh Brar emphasizing the importance of a procedure that is fair, just, and not arbitrary, in consonance with Article 21 of the Constitution of India.

The High Court's decision focused on the compatibility of criminal justice procedures with constitutional mandates. The court highlighted the necessity to balance personal liberty and societal interests in maintaining law and order.

Facts and Issues: Vakul Khullar approached the High Court for quashing the non-bailable warrants issued against him in connection with FIR No. 202 dated 18.09.2021 registered under Section 174-A IPC at Samrala Police Station, Ludhiana. The petitioner had been declared a Proclaimed Person after failing to appear in court due to urgent travels to Canada and later for work permit renewal.

Court Assessment: Justice Brar, after reviewing the case and previous relevant judgments, found that the issuance of non-bailable warrants against Khullar was unjustified. The court noted that the sole reason for the issuance was the petitioner's absence, which was not deliberate but due to unavoidable circumstances. The judge referred to precedents that mandate recording satisfaction before issuing processes under Section 82 Cr.P.C., and noted any non-compliance with this renders a proclamation a nullity.

Legal Principles and Law: The judgment reinforced the principles laid down in Major Singh @ Major vs. State of Punjab and Sonu vs. State of Haryana, emphasizing the mandatory nature of conditions specified in Section 82 (2) Cr.P.C. for issuing proclamations against absconders.

Decision: The High Court quashed the impugned order dated 05.12.2023 and directed Khullar to appear before the trial court within two weeks. Upon appearance, he is to be granted bail on furnishing bail and surety bonds, along with costs of Rs. 20,000/- to the District Legal Services Authority, Ludhiana, for wasting court's time.

Date of Decision: February 01, 2024

Vakul Khullar @ Wakul Khullar vs. State of Punjab