Lok Satta Party welcomes Supreme Court Judgment on Police Reforms
Tuesday, November 12th, 2013 @ 10:36PM
Lok Satta Party Tamilnadu welcomes Supreme Court Judgement holding registration of FIR mandatory and no preliminary enquiry permissible in cognizable offences.
Delivering the order today, a bench headed by Chief Justice P Sathasivam said that action will be taken against the police officer for his failure to register a FIR on the complaint of a cognizable offence. The legislative intent is for compulsory registration of FIR in case of cognizable offence, said Chief Justice Sathasivam, speaking for the bench.The court’s direction came on a reference by three judges’ bench headed Justice Dalveer Bhandari in February 2012 in a matter relating to kidnapping of a minor girl in Uttar Pradesh.The victim’s mother moved the court challenging the refusal of local police to register an FIR on the basis of complaint by her against the kidnappers.
However, the court added a rider that if a complainant prima facie does not disclose a cognizable offence, then the investigating officer is entitled to conduct preliminary inquiry just to ascertain whether the complaint constitutes a cognizable offence.Such a preliminary inquiry should be time bound and not take more than one week.
In a statement given today by the Lok Satta Party’s Tamil Nadu state president Mr. D. Jagadheeswaran mentioned “Lok Satta has been fighting long for this reform in addition to other Police Reforms such as Mandatory video recordings of police interrogation, comprehensive reform of crime investigation and law and order divisions of Police Department and Dis-Aggregation of various functionaries.”
For this reform to stay and be implemented effectively, Lok Satta Party demands Right to Service Act be enacted in Tamilnadu which will make issuing of CSR’s and filing of FIR’s time-bound and failure of which will attract a penalty to the officer responsible.
And while it is the legislative’s responsibility to implement such reforms, it is always at the behest of judiciary, such reforms are implemented. This shows the pathetic condition that this state is run. One would not forget that only after repeated directions from the Supreme Court for many years, the Govt of Tamilnadu atlast passed the Tamilnadu Police (Reforms) Bill 2013. The party requests the government to proactively implement administrative reforms including police reforms.