Non-compliance in procedure cannot be cured as irregularity’; HC sets aside proclamation order,

 

The statement you provided summarizes a legal judgement from the Punjab & Haryana High Court regarding the declaration of a person as a proclaimed person under Section 82 of the Criminal Procedure Code (CrPC). Here's a breakdown of the key points:

Background:

• The petitioner in this case was declared a proclaimed person by the trial court.
• This means the court believed the petitioner was intentionally evading arrest or court appearances.

Issue:

• The petitioner challenged the trial court's order, arguing that the court did not follow proper procedures under Section 82 CrPC.

High Court's Judgement:

• The High Court agreed with the petitioner and set aside the trial court's order.
• The judges found that the trial court erred in issuing the proclamation without recording any reasons for their belief that the petitioner was absconding.
• This lack of reasoning violates the mandatory requirements of Section 82 CrPC.

Consequences:

• Any non-compliance with the procedures under Section 82 CrPC cannot be simply brushed aside as an "irregularity."
• In this case, the court's failure to properly justify the proclamation rendered it and all subsequent proceedings based on it invalid (nullity).

Implications:

• This judgement emphasizes the importance of following legal procedures diligently, especially when it comes to fundamental rights like the right to due process.
• It serves as a reminder to courts to carefully consider all facts and provide clear reasoning before declaring someone a proclaimed person.

Limitations:

• This summary is based on limited information and does not provide all the details of the case.
• For a more comprehensive understanding, it's essential to consult the full judgement or seek legal advice from a qualified professional. 
•  (With input from news agency language)
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