Don’t discriminate against minorities while lodging FIRs: Centre’s advisory to states, UTshttps://indianexpress.com/article/india/india-news-india/dont-discriminate-against-minorities-while-lodging-firs-centres-advisory-to-states-uts/

Don’t discriminate against minorities while lodging FIRs: Centre’s advisory to states, UTs

In its advisory, the MHA has reminded states and UTs that under CrPC, a police officer is duty-bound to register a case on receiving information that discloses commission of a cognisable offence.

Earlier this week, the Centre issued an advisory to all states not to discriminate against minorities while registering FIRs. The advisory also stated that prompt filing of chargesheets and speedy trials restore the faith of minorities.

In its advisory, the Ministry of Home Affairs has reminded states and Union Territories that under CrPC, a police officer is duty-bound to register a case on receiving information that discloses commission of a cognisable offence.

An FIR should be filed in such a situation irrespective of territorial jurisdiction, it said.

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“National Commission for Minorities in its annual report 2011-12 has recommended prompt action in registration of FIRs, timely filing of chargesheet and speedy trial to restore the faith of minorities. In this regard, it is pertinent to note that registration of FIR is the first step in the whole process,” the advisory issued on Monday stated.

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In November 2013, the Supreme Court had ruled that the police were obligated under the law to straightaway register FIRs when information disclosed commission of cognizable or serious offences and that it could not delay the FIR on the ground of conducting preliminary inquiry first.

“We hold registration of FIR mandatory under Section 154 of the Criminal Procedure Code if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation… Reasonableness or credibility of the information is not a condition precedent for the registration of a case,” a Constitution Bench had also ruled.