To curb the “impression of a nexus” between “Naib courts and judicial officers”, the Acting Chief Justice of the Delhi High Court has directed the Delhi Police Commissioner to ensure that the tenure of a ‘naib court’ does not exceed three years in any circumstances. The court has also directed that a Naib court cannot be posted with the same judicial officer for more than one tenure. Naib courts are personnel of probe agencies posted at trial courts as well as the High Court. They serve as the liaison between the probe agency, the court and the litigants. The judicial official is the head of a court.
“Around 10-15 Naib courts posted with the prosecution branch of every district work with the prosecutor and the court concerned. They are appointed by the DCP of a district. One or two Naib courts appointed by the SHO also work as a liaison between the court and police station,” a senior police officer said. Sources said that after receiving the order, several DCPs and SHOs have started scanning the tenure of all Naib courts posted from their districts.
The directive states, “The Delhi HC is in receipt of a lot of complaints that there is an unhealthy practice of continuous posting of particular Naib courts in the same courts or with the same judicial officer for long durations.” The registrar general of the Delhi High Court wrote to the Delhi Police Commissioner that “such continuous and long postings leave an impression of a nexus, which is not conducive to the credibility and functioning of a robust justice delivery system”.
“In order to inspire the confidence of the litigants and lawyers, the Acting Chief Justice has been pleased to direct that a Naib court may not be posted in the same court/court complex and with the same judicial officer for more than one tenure. The duration of the tenure should not exceed three years in any circumstances,” the registrar general of Delhi HC wrote to police chief Patnaik. Delhi Police spokesperson Madhur Verma said that they have received the order and will comply with it.