Delhi Court Expresses Serious Concern Over Summons Served Via WhatsApp

A Delhi Court has recently expressed serious concern over the practice of serving summons to witnesses through WhatsApp by police personnel.

While highlighting their disregard for superior orders, the court took note of the absence of any circular from the Delhi Police authorizing the service of summons via WhatsApp, yet observed that police officials continue to adopt this practice.

Additional Sessions Judge (ASJ) Hemraj of Tis Hazari court stated that, “It seems that despite the directions from the Worthy DCP in the form of circulars and the standing order, the In-Charge of the police stations and the Inspector of Investigation, as well as SHOs, are not taking care to follow the same meticulously.”

The matter under consideration pertains to a murder case registered at Punjabi Bagh police station.

In this instance, a family member of a prosecution witness received a summon through WhatsApp after being contacted by a police officer over the telephone. However, the prosecution witness failed to appear or respond to repeated calls.

Advocate Rishabh Jain, represented the accused and drew the court’s attention to an order dated February 11, 2019, which granted an opportunity to cross-examine the prosecution witnesses, Ashween Singh and Tajinder Singh, on the same day as requested by the accused.

Furthermore, the court noted that Tajinder Singh missing on the designated day. The summons sent to him was returned with a report stating that a lady named Meera Vanshal, identified as Tajinder Singh’s sister-in-law, was contacted by Head Constable Pradeep over the phone. Following inquiries, she informed him that she would relay the hearing date to Tajinder Singh, leading to the summons being sent through WhatsApp.

On February 18, 2022, the court referred to a standing order passed by the Commissioner of Police (Delhi), in connection with the service of summons upon the witnesses.
The judge said that, “Earlier also, this Court has noted in several cases that the witnesses are being served by the police officials on WhatsApp. The matter was brought to the notice of respective DCPs and they were directed to issue circulars to all the SHOs.”

Further, the judge noted that “However, the police officials are still adopting the practice of service upon public witnesses only on WhatsApp.”

The judge expressed displeasure at the officials’ failure to make the necessary visits to witnesses’ homes, as mandated. The court noted the lack of effort made by Head Constable Pradeep and criticized the lackadaisical approach displayed by the Investigation Inspector of Punjabi Bagh Police Station.

Additionally, the court acknowledged a letter dated February 15, 2023, from the Deputy Commissioner of Police (West), which stated that there is no circular from the Delhi Police authorizing the service of summons through WhatsApp.

Similarly, the circulars were also received by the Deputy Commissioners of Police for Outer District and North District in different cases.

Moreover, the judge observed that despite the directions from the Deputy Commissioners of Police and the standing order, the in-charges of police stations, investigation inspectors, and SHOs failed to diligently comply with these instructions.

The court directed the order, along with the letter dated February 15, 2023, pertaining to FIR No. 1081/2021 at Mundka Police Station, to be sent to the Deputy Commissioner of Police for review and appropriate action.

The court then issued a notice to the Inspector of Investigation and Head Constable Pradeep, ordering them to appear in person and provide their explanation as to why appropriate action under Section 66 of the Delhi Police Act, read with Section 187 of the Indian Penal Code, should not be taken against them.

Additionally, on May 24, the court issued a summon to witness Tajinder Singh through the respective Station House Officer.