Court pulls up police for treating court warrant as WhatsApp message

22/10/2026

JAMMU, Oct 21: A Fast Track Court in Jammu has pulled up police officials for allegedly adopting a casual approach towards the execution of a bailable warrant, observing that informing a person about a court warrant through WhatsApp or telephone calls cannot substitute the procedure prescribed by law.
Presiding Officer Fast Track Court Jammu Amarjeet Singh Langeh sought explanations from the concerned police officials over their failure to execute a bailable warrant issued to secure the presence of the prosecutrix in a case involving allegations under Sections 376 and 420 of the Ranbir Penal Code (RPC).
The observations were made in the case titled UT of J&K through SHO Police Station Nowabad versus Ajay Kumar alias Atief Ahmed, arising out of FIR No. 134/2019 registered at Police Station Nowabad, Jammu.
According to the judicial record, the prosecutrix had failed to appear before the court despite service. Consequently, a bailable warrant of Rs. 10,000 was issued on July 8, 2026, to secure her presence.
The warrant was not returned on the next hearing date of August 10, prompting the court to issue a fresh one. Even on September 11, the warrant had not been returned, either served or unserved, following which another bailable warrant of Rs. 10,000 was issued.
During the proceedings, Assistant Public Prosecutor Ajay Dogra produced the unexecuted warrant along with the report submitted by the executing agency.
After examining the report, the court expressed displeasure over the manner in which the warrant had been dealt with. It noted that the executing police official had reported informing the prosecutrix through WhatsApp and telephone calls about the requirement to appear before the court. The endorsement regarding such communication had also been made by the Incharge Police Post Canal Road, Jammu.
The court observed that merely conveying information about a warrant, instead of executing it in accordance with the prescribed procedure, was legally impermissible and reflected what it described as a "profound casual approach".
"Sending an information about the bailable warrant to the concerned by Executing Agency instead of physically executing the same - is not only impermissible in law but also an illustration of profound casual approach, quite contrary to procedure," the court observed.
It further categorically held that "Information through informal electronic transmissions via Whatsapp is not substitute for legally mandated mode of execution of warrant of arrest."
Taking note of the report, the court directed the SHO, Police Station Nowabad, Jammu, to obtain explanations from SGCT Shiv Kumar, the executing police official, and the Incharge Police Post Canal Road, Jammu.
The officials were asked to explain their conduct and why the court should not recommend disciplinary proceedings against them for adopting an approach prima facie contrary to law.
The court also ordered the issuance of a fresh bailable warrant of Rs. 10,000 against the prosecutrix, directing the SHO, Police Station Nowabad, to ensure its execution in accordance with law.
Meanwhile, the accused, who was absent during the proceedings, was granted exemption from personal appearance for the day on an application moved through his counsel.
The matter has been listed for November 27, 2026, for prosecution evidence.
The order reiterates the importance of compliance with legally prescribed procedures in executing court warrants and makes clear that informal electronic communication cannot replace the obligations of law-enforcement agencies under the law.

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