Vigilance Bureau SSP summoned over FIR registration violations

Saurabh Malik 

Chandigarh, July 24

The Punjab and Haryana High Court on Wednesday summoned Senior Superintendent of Police, Vigilance Bureau, Patiala, over holding of inquiries on complaints without the registration of FIRs in violation of the law laid by the Supreme Court.

Directing him to remain present before the court on the next date of hearing, Justice N.S. Shekhawat asked him to file his personal affidavit detailing complaints pending in all the police stations of Patiala Range for more than two weeks where the inquiry/investigation was being conducted without FIRs registration.

He has been asked to specify, among other things, the complainant’s name; the date and receipt of the complaint; the date of inquiry’s initiation; the number of inquiries conducted in every such matter and the fate of each enquiry conducted by the police. He has also been asked to specify the name of the official conducting the inquiry in the case before the Bench.

The direction by Justice Shekhawat came on a petition filed against the State of Punjab and other respondents by Kulwant Singh. Issuing notice of motion to the respondents on the petition, the Bench observed a meticulous perusal of the record would show that the complaint in the case was registered on April 28. But the police held inquiries without FIR registration in violation of the law laid in the matter of “Lalita Kumari versus the Government of UP”

Justice Shekhawat asserted matters pertaining to the holding inquiry, re-inquiry and further inquiry on the complaints filed by various complainants without FIR registration had come up before the court for discussion earlier also.

Among other things, it was stated the police was, in a large number of cases, found to have resorted to ordering inquiries at various levels. But there was no provision for such inquiries when the information provided disclosed the commission of a cognizable offence, according to case law decided by the Supreme Court and the high court.

The only requirement was that the lodged information must provide a basis for the police officer to suspect the commission of a cognizable offence. Once this condition was satisfied, the registration of an FIR under Section 154 of the Criminal Procedure Code became a statutory requirement.

“The only requirement is that the information so lodged must provide a base for the police officer to suspect the commission of a cognizable offence. When this condition is satisfied, the registration of an FIR under Section 154 of the Criminal Procedure Code is a requirement of statute.” The matter will now come up for further hearing on July 29.