In its attempt to eliminate inconsistencies in its previous decisions,the Supreme Court has now authoritatively ruled that police are bound to register FIRs when information discloses commission of cognisable or serious offences. The issue was settled by a five-judge Constitution bench,led by Chief Justice P Sathasivam.
The verdict obligates police officers to straightaway register FIRs and to not delay it for first having a preliminary inquiry to ascertain the veracity of the information as was held by some of the verdicts. The ruling notes that giving any latitude to police would result in lending them the discretion to decide when to register FIRs,and that this may lead to lawlessness and violation of the right of victims.
However,the apex court,at the same time,also held that registration of FIRs would not mean imminent arrest of the accused,nor would it compel police to investigate all the FIRs. The police,as per the court,can opt not to launch investigation and close the case even after FIRs have been registered.
The court also upheld the legal validity of the pre-FIR investigation in exceptional cases. It underlined preliminary inquiry may be required due to the change in genesis and novelty of crimes with the passage of time. The court pointed out that in cases of matrimonial or family disputes,commercial offences,medical negligence,corruption and cases where there was abnormal delay in approaching police,preliminary inquiry could be conducted. But the list,it said,was only illustrations and not exhaustive.
This finding actually means that the entire controversy could be back to square one,with police again having the discretion whether to register FIRs or first conduct preliminary inquiry,although the complaints may relate to cognisable offences. They can always invoke this liberty granted by the apex court.
The seven-day deadline given by the court for concluding the preliminary inquiry may also not provide a realistic solution since the cases will involve examination of the parties,trailing old documents or obtaining expert opinions. Hence,even after a Constitution bench has given its findings on compulsory registration of FIRs,as a matter of fact,it will still be police that will take the final call on whether to lodge FIRs or carry out preliminary inquiry first,and also whether to investigate after registration of FIRs or to close the case.
Utkarsh is a special correspondent based in Delhi
utkarsh.anand@expressindia.com
