The High Court of Tripura has ordered the state home secretary to immediately convene a meeting with the state director general of police (DGP), all superintendents of police (SPs) and inspector general (law and order) and issue an advisory within six months. Week to ensure compliance of Supreme Court orders on registration of FIRs in every police station in the state.
The order passed by Justice Subhasish Talapatra on May 25 was made available to the media on Saturday.
The HC order came on a writ petition filed by Subhash Paul of Madhupur village in Sipahijala district. Paul alleged that his rubber plant was damaged and he was assaulted on March 1 this year.
In the petition, he claimed that he had lodged a complaint with the local police station but the police refused to give him the ‘received’ copy of the complaint. He reportedly even refused to register a FIRThe petitioner mentioned.
In his order, Justice Talapatra said that the officers-in-charge of police stations “will be directed to supply a copy of the FIR free of cost and forthwith…to the Secretary, Home, Tripura to issue such advisories within a further period”. six weeks from the day on which the petitioner shall furnish a copy of this order.
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Senior advocate Purushottam Roy Burman told the media later on Saturday, “The petitioner claimed that he was advised by the police to ‘settle things’ with the alleged assailants through conversation, in which Paul claims that he had arrested the miscreants. 5 lakh, failing which his rubber plantation would be destroyed and he would be killed. The case was later registered in the High Court on March 3. Police registered an FIR three days later on the directions of the court. Of.
Advocate P Saha, who filed the case on behalf of the state government and Tripura Police, denied the allegations leveled by the petitioner and said that no complaint was received on March 2. He said the complaint was received on March 6, and a case was registered. same day.
In its order, the HC observed that the police did not give the reason for registering the FIR after five days and observed that there are “marks to believe” that the police had received the complaint on March 2, if not a day earlier, while the complaint was received on March 6. was filed.
“…such practice by the officer-in-charge of the police station indicates his gross negligence in the discharge of duties or his acting under outside influence,” the court said in its order. “In both the cases, fair investigation leads to casualties. It is indeed unfortunate that the other Respondents – like Respondent No. 3, SP Sipahijala and respondent no. 2, Director General of Police, Tripura – Despite having constructive knowledge of how a police officer conducted himself, did not take any action to ensure a fair investigation.
Referring to the Latika Kumari case in the Supreme Court, Justice Talapatra directed the Home Secretary to hold a high-level meeting, preferably with the SPs, IGs (Law and Order) and DGPs of all the districts, to prepare an advisory that would be taken up by all should be sent. Police Stations. This, the court said, should be observed “in letter and spirit”.
Stating that the HC has been “observing” a series of cases since 2015 and “keeping high hopes” that senior police officers will take note and take corrective steps, the order said, “… It hasn’t happened yet.”
In Lalitha Kumari v Government of UP and others, a bench headed by the then CJI P Sathasivam ruled on November 12, 2013 that it was mandatory to register an FIR under Section 154 CrPC if the information received by the police reveals a cognizable offense. Is. The CJI wrote in the order, “The important issue which arises for consideration in the matter referred to is whether” a police officer is bound to register a case. First Information Report (FIR) under section 154 of the Code of Criminal Procedure, 1973 (‘Code’ for short) on receipt of any information relating to the commission of a cognizable offense or a police officer has the power to conduct a “preliminary inquiry”. Please check the veracity of such information before entering it?