Failing to register FIR - cops may be jailed

THE SUPREME Court of India on August 8, passed a very commendable verdict that if a police officer does not lodge your FIR, then your complaint against him might send him to jail. But, it is still not very clear that how effective the verdict is.

It was said that the police officers who fail to register a case or lodge an FIR may now even have to face imprisonment for their ’inaction’. Besides being jailed for abdicating his duty, the erring cop could even face contempt of court apart from departmental enquiry.

However, this news should reach the citizens through various form of media so that they are aware and able to fight for their rights.

The said directive has effectively empowered the citizen, who, after being refused registration of his complaint, can approach the magistrate, seeking directions to the police to lodge an FIR and also make a copy available to him within 24 hours of the order. The magistrate can also direct the police ’to take immediate actions for apprehending the accused or recovery of kidnapped persons and properties’ within a specified time.

The court said, "In case, FIRs are not registered on time or steps are not taken by the police, the magistrate concerned would be justified in initiating contempt proceedings against such delinquent officers and punish them for violation of its orders and award stringent punishment like sentence of imprisonment against them."

Indeed, it is a positive sign towards the establishment of justice system. Certainly, there is a need to bring more such legislations that will establish faith in common people.

National Human Rights Commission (NHRC) or any single body cannot do miracle towards the welfare of the people. Power must come to the hand of the citizens, directly or indirectly.

-----------------------------------------------------------------------------

• Majority of states have agreed with the Supreme Court to “crack the whip” on police officers who refuse to register FIRs but some argued for a preliminary inquiry mechanism before formal registration of FIRs.
• Orissa, Maharashtra, Haryana, Tamil Nadu and the Union Territory of Chandigarh said the apex court’s order to take errant police officials to task for not registering FIRs was fine with them but it needed certain safeguards and modifications.
• Arguing for insertion of a preliminary inquiry mechanism, the states said such an inquiry before registration of complaint would prevent people from resorting to false or vindictive FIRs just to harass others, apart from testing, prima facie, the truthfulness of the complaints.
• These states said experience showed that in three categories of cases — economic, matrimonial and eloped marriage — a preliminary inquiry helps parties to compromise as they realise the futility of proceeding with a police case that would culminate in a trial and hardship to both complainant and the accused.
• Moreover, keeping the sword of contempt of court hanging over the heads of police officers for refusal to file FIR would bring undue pressure on them to register whatever complaint comes their way without even testing their veracity, the states said.
• Last month, the apex court had said that officials in India only understood the “crack of a whip” and ruled that a policeman refusing to register FIR could face contempt of court charges and cool their heels in jail if they failed to give cogent reasons for non-registration of FIR.
• Providing a detailed mechanism to make police accountable, the court had said if the police refused to register an FIR, the aggrieved person could move the area chief judicial magistrate with a complaint against the officer.
• “The chief judicial magistrate or the chief metropolitan magistrate, as the case may be, shall take action in a case of inaction upon filing of a complaint petition and give direction to institute a case within a specified timeframe,” it had said.
• If the police fail to act even after that, “the CJM or CMM shall not only initiate action against the delinquent police officer but punish them suitably by sending them to jail, in case the cause shown is found to be unsatisfactory”, the court had said.
• Moreover, the CJM or CMM court shall intimate the disciplinary authority “at once by fax as well” about the errant officer, who would be “immediately placed under suspension pending departmental proceedings”.