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12. How are proclamation and attachment used to enforce compliance with court orders? (Secs 84 to 89)
- Issuance of Proclamation: Proclamation is issued when an accused person fails to respond to summons or warrants.
- Public Notice: It is a public notice declaring the individual as a fugitive.
- Publication: Proclamations are published in newspapers or displayed at the accused’s last known address.
- Attachment of Property: Attachment of property is ordered if the accused continues to evade legal proceedings.
- Seizure of Assets: The court may seize or freeze assets like land, vehicles, or bank accounts.
- Prevention of Benefit: Property attachment prevents the accused from benefiting while avoiding justice.
- Sale of Attached Property: Sale of attached property can cover legal costs or compensate victims.
- Right to Challenge: Accused individuals can challenge attachments in court if done unfairly.
- Ensuring Accountability: These measures ensure accountability and compliance with legal procedures.
- Last Resort: Proclamations and attachments are used as a last resort to enforce court orders.
- Transparency and Fairness: Courts maintain transparency and fairness while issuing these orders.
- Prevention of Misuse: Misuse of these provisions is preventable through judicial oversight.
- Example: In Rajendra Kumar v. State of MP, the court upheld the use of proclamation and attachment to ensure compliance and deter evasion of justice.
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