In
a landmark Judgment the High Court of Himachal Pradesh directed the police to
upload the copy of First Information Report [FIR] in the Website within 24
hours of lodging it, from 26.01.2015.
The
Judgment held that Democracy expects openness and openness is a concomitant of
a free society and sunlight is the best disinfectant. It cannot be disputed
that ordinary rule is that secrecy must be an exception, justifiable only when
it is demanded by the requirement of public interest
The
Court also held that as soon as an FIR is registered, it becomes a public
document and members of the public are entitled to have certified copy thereof.
The
Court also issued the following Guidelines.
The
accused is entitled to get a copy of the First Information report at an earlier
stage as prescribed under Section 207 of the Cr.P.C.
An
accused who has reasons to suspect that he has been roped in a criminal case
and his name may be finding place in a First Information Report can submit an
application through his representative/agent/parokar for grant of a certified
copy before the concerned police officer or to the Superintendent of Police on
payment of such fee which is payable for obtaining such a copy from the court. On such application being made, the copy
shall be supplied within twenty-four hours.
Once
the First Information Report is forwarded by the police station to the
concerned Magistrate or any Special Judge, on an application being filed for
certified copy on behalf of the accused, the same shall be given by the court
concerned within two working days. The aforesaid direction
has nothing to
do with the statutory
mandate inhered under Section 207 of the Cr.P.C.
The
copies of FIR, unless reasons recorded regard being had to the nature of the
offence that the
same is sensitive in
nature, should be uploaded
on the Himachal Pradesh
Police website within
twenty-four hours of lodging of
the FIR so that the accused or any person connected with the same can
download the FIR and file appropriate application before the court as per law
for redressal of his grievances.
The
decision not to upload the copy of the FIR on the website of H.P. Police
shall not be
taken by an
officer below the
rank of Deputy Superintendent of Police and that too
by way of a speaking order. A decision so taken by the Deputy Superintendent of
Police shall also be duly communicated to the Area magistrate.
The
word ‘sensitive‘ apart from the
other aspects which may be
thought of being
sensitive by the competent
authority as stated hereinbefore would also include
concept of privacy regard being had to the nature of the FIR.
(vii)
In case a copy of the FIR is not provided on the ground of sensitive nature of
the case, a person grieved by the said action, after disclosing his
identity, can submit
a representation with the
Superintendent of Police who
shall constitute a committee of three high officers and the committee shall
deal with the said grievance within three days
from the date of
receipt of the representation and
communicate it to the
grieved person.
The
Superintendent of Police shall constitute the committee within eight weeks from
In
cases wherein decisions have been taken not to
give copies of the FIR
regard being had to the
sensitive nature of the case,
it will be open to the accused/his authorized
representative/parokar to file an application for grant
of certified copy
before the court
to which the FIR has been sent
and the same shall be provided in quite promptitude by the concerned court not
beyond three days of the submission of the application.
The
directions for uploading the FIR on the website of H.P. Police shall be given
effect from 26.01.2015.
No comments:
Post a Comment