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ITEM NO.10 COURT NO.2 SECTION X
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
WRIT PETITION (CRL.) NO.68 OF 2008
(For Prel. Hearing)
LALITA KUMARI Petitioner(s)
VERSUS
GOVT.OF U.P.& ORS. Respondent(s)
(With appln(s) for exemption from filing O.T.)
Date: 14/07/2008 This Petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE B.N. AGRAWAL
HON'BLE MR. JUSTICE G.S. SINGHVI
For Petitioner(s) Mr. Pranesh,Adv.
Ms. Mona Rajvanshi,Adv.
For Respondent(s)
UPON hearing counsel the Court made the following
O R D E R
Exemption allowed.
Heard learned counsel appearing on behalf of the petitioner.
The grievance in the present writ petition is that the occurrence
had taken place in the month of May and, in that very month, on 11th
May, 2008, the written report was submitted by the petitioner before the
Officer In-charge of the concerned Police Station, who sat tight over the
matter. Thereafter, when the Superintendent of Police was
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moved, a First Information Report (for short “F.I.R.”) was registered.
Even thereafter, steps were not taken either for apprehending the
accused or recovery of the minor girl child. It is a matter of experience
of one of us (B.N. Agrawal, J.) while acting as Judge of Patna High
Court, Chief Justice of Orissa High Court and Judge of this Court that
in spite of law laid down by this Court, the concerned police authorities
do not register F.I.Rs unless some direction is given by the Chief
Judicial Magistrate or the High Court or this Court. Further experience
shows that even after orders are passed by the concerned courts for
registration of the case, the police does not take the necessary steps and
when matters are brought to the notice of the Inspecting Judges of the
High Court during the course of inspection of Courts and
Superintendents of Police are taken to task, then only F.I.Rs are
registered. In large number of cases investigations do not commence
even after registration of F.I.Rs and in case like the present one, steps
are not taken for recovery of the kidnapped person or apprehending the
accused person with reasonable despatch. At times it has been found
that when harsh orders are passed by the Members of the Judiciary in a
State, the police becomes hostile to them for instance in Bihar when a
bail petition filed by a police personnel, who was accused was rejected
by a member of Bihar Superior Judicial Service, he was assaulted in the
Court room for which contempt proceeding was initiated by Patna High
Court and the erring police officials were convicted and sentenced to
suffer imprisonment.
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On the other hand, there are innumerable cases that where the
complainant is a practical person, F.I.Rs are registered immediately,
copies thereof are made over to the complainant on the same day,
investigation proceeds with supersonic jet speed, immediate steps are
taken for apprehending the accused and recovery of the kidnapped
persons and the properties which were subject matter of theft or
dacoity. In the case before us allegations have been made that the
Station House Officer of the concerned Police Station is pressurising the
complainant to withdraw the complaint, which, if true, is a very
disturbing state of affairs. We do not know there may be innumerable
such instances.
In view of the above, we feel that it is high time to give directions
to Governments of all the States and Union Territories besides their
Director Generals of Police/Commissioners of Police as the case may be
to the effect that if steps are not taken for registration of F.I.Rs
immediately and copies thereof are not made over to the complainants,
they may move the concerned Magistrates by filing complaint petitions
to give direction to the police to register case immediately upon
receipt/production of copy of the orders and make over copy of the
F.I.Rs to the complainants, within twenty four hours of
receipt/production of copy of such orders. It may further give direction
to take immediate steps for apprehending the accused persons and
recovery of kidnapped/abducted persons and properties which were
subject matter of theft or dacoity. In case
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F.I.Rs are not registered within the aforementioned time, and/or
aforementioned steps are not taken by the police, the concerned
Magistrate would be justified in initiating contempt proceeding against
such delinquent officers and punish them for violation of its orders if no
sufficient cause is shown and awarding stringent punishment like
sentence of imprisonment against them inasmuch as the Disciplinary
Authority would be quite justified in initiating departmental proceeding
and suspending them in contemplation of the same.
Keeping in mind these facts, we are of the view that notices
should be issued to Government of all the States and Union Territories
besides Director Generals of Police/Commissioners of Police as the case
may be.
Issue notice to the Chief Secretaries of all the States and Union
Territories and the Director Generals of Police/Commissioners of Police,
as the case may be, to show cause as to why aforesaid directions be not
given by this Court.
Notices may be sent to the parties by Fax and it should be
mentioned therein that the order has been put on the Website of the
Supreme Court of India so that they may file response without loss of
time.
Let the Registry place this order on the Website immediately on
receipt of the file so that the concerned authorities know about the same
and that the person concerned may file response within the time
granted hereunder .
Three weeks' time is allowed to file response.
Place this matter on 8th August, 2008.
