The Supreme Court of India(SCI)on Wednesday Sep 07,2016 directed all states and Union
Territories to upload a copy of each FIR on their websites within 24
hours of its registration. The court, however, exempted first
information reports (FIR) related to sensitive cases like sexual
offences, those registered under the Protection of Children from Sexual
Offences Act, insurgency and terrorism from being made public.
In a decision aimed at bringing greater transparency into the system, a bench of Justices Dipak Misra and C Nagappan allowed a PIL filed by NGO Youth Bar Association in this regard.
“Where an FIR, unless the nature of the offence is sensitive, is registered, it should be uploaded on the police website or state government’s website within 24 hours of the lodging so that the accused can download the FIR and file an appropriate application for redressal of his grievances,” the bench said.
The SCI extended the time limit upto 48 hours where internet was a problem and upto 72 hours maximum in places that had difficult terrain. The court fixed November 15 as the date for implementing its order. It also said that a copy of the order should be sent to all state home secretaries and director general of police.
The bench clarified that the decision not to post an FIR on the website would be taken by a police officer not below the rank of a superintendent of police or district magistrate.
The petitioner’s advocate, Sanpreet Singh Ajmani, submitted that uploading a copy of the FIR on the police website would save those named in it from unnecessary problems. The counsel relied on the 2010 Delhi High Court verdict ordering uploading of the FIRs on police websites as well as the 1997 Supreme Court judgement in the D K Basu case to buttress the plea.
Additional Solicitor General Tushar Mehta, appearing for the Centre, agreed that the high court’s order can be applied with certain modifications. He submitted that the list of sensitive cases should be treated as illustrative not exhaustive, a plea which the court allowed.
The bench also agreed to his suggestion that the accused cannot claim any benefit or seek relief like anticipatory bail in a court of law, if a copy of the FIR was not uploaded due to specific reasons.
In a decision aimed at bringing greater transparency into the system, a bench of Justices Dipak Misra and C Nagappan allowed a PIL filed by NGO Youth Bar Association in this regard.
“Where an FIR, unless the nature of the offence is sensitive, is registered, it should be uploaded on the police website or state government’s website within 24 hours of the lodging so that the accused can download the FIR and file an appropriate application for redressal of his grievances,” the bench said.
The SCI extended the time limit upto 48 hours where internet was a problem and upto 72 hours maximum in places that had difficult terrain. The court fixed November 15 as the date for implementing its order. It also said that a copy of the order should be sent to all state home secretaries and director general of police.
The bench clarified that the decision not to post an FIR on the website would be taken by a police officer not below the rank of a superintendent of police or district magistrate.
The petitioner’s advocate, Sanpreet Singh Ajmani, submitted that uploading a copy of the FIR on the police website would save those named in it from unnecessary problems. The counsel relied on the 2010 Delhi High Court verdict ordering uploading of the FIRs on police websites as well as the 1997 Supreme Court judgement in the D K Basu case to buttress the plea.
Additional Solicitor General Tushar Mehta, appearing for the Centre, agreed that the high court’s order can be applied with certain modifications. He submitted that the list of sensitive cases should be treated as illustrative not exhaustive, a plea which the court allowed.
The bench also agreed to his suggestion that the accused cannot claim any benefit or seek relief like anticipatory bail in a court of law, if a copy of the FIR was not uploaded due to specific reasons.
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