The Allahabad High Court has remarked that the recurrent issue of trial delays in Uttar Pradesh due to police negligence in ensuring witness presence infringes upon the fundamental rights of accused individuals. The court's observation came in response to a bail application, where Justice Ajay Bhanot highlighted the troubling pattern of police failing to deliver summonses and enforce court-ordered processes for witnesses.

The court stressed that this problem has become a persistent theme within the state's criminal justice system, causing significant delays in trials and impacting marginalized individuals who lack resources and legal awareness. The inability of the police to serve summonses and execute court-mandated measures within the specified time frame hampers the proper administration of bail and erodes public trust in the justice system.

The court acknowledged that initiating contempt proceedings against non-compliant police officers could burden the already stretched legal system and proposed an alternative solution. It recommended appointing specific police officers at various levels to ensure witness appearances in court, with a focus on selecting capable individuals. These designated officers would have the authority to coordinate with police forces at different tiers, streamlining the process and reducing delays.

In a particular case, where an accused individual's trial was progressing slowly due to police negligence, the court granted bail and reiterated that prolonged incarceration due to trial delays violates the accused's rights under Article 21 of the Constitution. The court emphasized the need for the state to establish or reevaluate a system to hold the police accountable for ensuring timely witness presence, asserting that both the police and the state share responsibility in safeguarding fundamental rights.

Case of "Bhanwar Singh against the State of UP"