Strict Orders On Chargesheets & NBWs
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The Madras High Court has issued tough directions to ensure chargesheets are promptly taken on file and over 61,000 pending non-bailable warrants are executed without delay. Justice P Velmurugan warned that procedural lapses erode public trust and let accused evade justice.
Chennai: On August 8, the Madras High Court has recently issued strong directions to make sure that trial judges in Tamil Nadu promptly take chargesheets filed by the police in criminal cases on record so that trials can begin without unnecessary delays.
The Court also emphasized that non-bailable warrants (NBWs) issued to bring accused persons to court should not remain unexecuted for an extended period.
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This ruling came in the case of And Paulraj in. Statewhere Justice P Velmurugan was dealing with several matters and found that lapses in these two crucial areas were causing serious delays in criminal trials.
Justice Velmurugan observed that such problems continue to exist even though the Supreme Court and the High Court have earlier given clear instructions and even issued administrative circulars to avoid such delays.
The judge expressed deep concern, noting that when police and judicial authorities act carelessly and do not follow the rule of law, it causes serious harm to the justice system.
He remarked,
“It not only undermines public confidence in the justice delivery system, but also sends a dangerous signal to the accused, enabling them to evade due process, while causing serious hardship to the complainant… Both the police and the judiciary bear a joint institutional responsibility to deliver justice, particularly to poor and voiceless complainants who approach the system in the hope of redress. Justice must not be denied or delayed due to procedural irregularities or administrative indifference. When an aggrieved citizen knocks on the doors of the court, it is the solemn duty of every stakeholder be it the police or the court to ensure that the process is fair, transparent, and in strict conformity with the law.”
The judge noted that many litigants have been forced to approach the High Court just to ensure that their chargesheets are taken on file. Such delays, according to him, show a lack of seriousness by trial judges, cause unnecessary hardship to people, and weaken public trust in the justice system.
He stated,
“Delay in even taking a final report on file, particularly when there are standing directions from this Court, undermines judicial discipline and conveys an unwarranted impression of systemic indifference. Courts cannot remain passive in the face of such lapses that result in avoidable hardship to citizens.”
The Court made it clear that from now on, chargesheets or final reports submitted to magistrates must be taken on file immediately, and follow-up actions should be taken without delay. Justice Velmurugan directed,
“No case shall remain at the stage of ‘charge sheet filed but not taken on file,’ as such procedural stagnation defeats the very object of fair and timely administration of criminal justice.”
The Court also pointed out that in combined trial court complexes, e-filed chargesheets are often not properly marked for the correct court. This forces judicial officers to manually check each file, creating extra work and delays.
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To fix this, the judge instructed the Registrar (IT-cum-Statistics) to hold a meeting with judicial officers and staff to design a system so that e-filed chargesheets are automatically sent to the right court and are easy to identify.
Another problem highlighted was the poor way in which police file chargesheets — sometimes not in the proper format, sometimes incomplete, and sometimes filed in courts that have no jurisdiction over the matter.
The judge requested the Director General of Police to make sure that all investigating agencies strictly follow the correct procedure and format when filing final reports. He also suggested that structured training sessions be held for officers on this matter.
Justice Velmurugan also took serious note of the fact that over 61,000 non-bailable warrants have remained unexecuted between 1985 and 2024.
He said that both judicial officers and police must take personal responsibility to change this situation.
“The prolonged non-execution of Non-Bailable Warrants over such an extended period reflects a serious lapse in the functioning of the enforcement machinery and weakens the effectiveness of the criminal justice system.”
He added,
“More alarmingly, it sends a completely unacceptable message to society that the system can be manipulated or delayed indefinitely without consequence.”
To ensure compliance, the Court appointed a nodal officer who will monitor whether these directions are being followed.
This officer will visit all subordinate courts in Tamil Nadu, provide necessary training, and check important points like whether NBW registers are maintained, whether court staff and officers are following rules for handling seized property, and whether such properties are being disposed of according to court orders without delay or negligence.
The nodal officer must submit district-wise interim reports to the Registrar General of the High Court after each inspection.
Later, a final detailed report has to be submitted within one year. Once the final report is in, the Registrar will start suitable administrative or disciplinary action against any judicial officer, court staff, or authority found to have ignored the binding directions issued by the Supreme Court or the High Court.
The judge also said that the Court will take up the matter again in three months to see if the directions are being followed.
Advocates G Balamanikandan, Ravindra Ram, JN Naresh Kumar, and KR Samrat represented different petitioners in the matter, while Government Advocates (Criminal Side) S Vinoth Kumar and Dr CE Pratap appeared for the State.
Case Title:
And Paulraj in. State
Read Order:
Click Here to Read More Reports on Delays in Criminal Trials