Akhoury Anusheel*
[Continued from Part I.]
GUIDELINES ISSUED BY THE COURT:
The Court, after having heard both parties, issued general guidelines with respect to grant of a copy of the FIR to the accused and upload of the same on the official police or State government website.
- The accused is entitled to get a copy of the FIR before the beginning of court proceedings u/s 207 of the Cr P C.
- Any person who suspects that he/she has been indicted in a criminal case and that his name is in a First Information Report can submit an application through his agent or representative for grant of a certified copy of the said FIR upon payment of a fee to the Superintendent of Police, and then such copy shall be supplied within 24 hours to the concerned person.
- If the FIR is forwarded to the Court (or a special judge) or a Magistrate, and if the accused files for a copy of the same, then it shall be provided to him/her within 2 working days. This direction is unattached to Section 207 Cr P C.
- Notwithstanding offences of a sensitive nature (like sexual offences, insurgency, terrorism etc.), the copies of the FIRs should be uploaded on the official police website, or the State government’s website (if the former is non-existent) within 24 hours, so that the accused and/or any person connected with the incident can download the same and take steps for redressal of their grievances. In cases of loss of connectivity, this time period can be extended to a period of 48 hours, and then to a final maximum of 72 hours, but only for the aforesaid reason.
- Decision not to upload a copy of the FIR on the website shall not be taken by an officer below the rank of Deputy Superintendent of Police or any person holding equivalent post. In States where the District Magistrate has a role, he can also do the same. This decision taken shall be duly communicated to the jurisdictional Magistrate concerned.
- Sensitivity of a First Information Report can be decided by a competent authority, and it will also include the concept of privacy, regard being had to the nature of the FIR.
- If, by the FIR not being uploaded, someone is aggrieved by the said action, then after disclosing his/her identity, can submit a representation to the SP or any person holding equivalent post in the State. The SP will constitute a committee of 3 officers, and the committee so formed shall deal with the grievance within 3 days from the date of receipt of the representation and communicate it to the grieved person. Similar arrangements shall be made in metropolitan cities by the Commissioner of Police for aggrieved persons as well.
- If the copy of the FIR of a sensitive nature has not been provided to the accused, it shall be open to the accused to file an application for grant of the certified copy of the same, and the same shall be provided by the Court promptly by 3 days from the date of submission of the application.
ANALYSIS:
The Court was correct in its decision to issue guidelines in regard to the issuance of FIR to the accused before the stage enunciated in S. 207 is reached as it is in the interest of protecting the liberty of the accused as granted to him/her u/a 21 and 22 (1). Also, the FIR is an important document related to criminal proceedings, and any person implicated in a criminal case has all the right to know about the charges levied against him or her, so as to prepare his/her defence and seek protection from the law to which he/she is entitled.
The Court was correct also, in demarcating illustrations as to what constitutes a sensitive issue in a First Information Report – terrorism, insurgency, disruption of public order – and the decision not to upload these can’t be said to be in violation of Article 19 (1) (a) of the Constitution, as Article 19 (2) provides for reasonable restrictions on the same right.
The right to life also includes protection against police excesses or mistreatment, and therefore, any refusal without suitable grounds to give a copy of the FIR to the accused in a pending case is a breach of the accused’s right to protection against arrest and detention. Except when there are genuine reasons of, say, State security or public order. Thus, it can be said that the guidelines issued by the Supreme Court are sound and in consonance with the rights written in the Constitution, more specifically the rights of an accused in an impending criminal case.
*Final year law student, Symbiosis Law School, Hyderabad, Symbiosis International (Deemed University), Pune.