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Put all new FIRs online: Delhi HC
TIMES NEWS NETWORK
New Delhi: In a major move towards transparency in police functioning, the high court has directed Delhi Police to start uploading all First Information Reports (FIRs) registered in the city onto its website within 24 hours of filing. The police are required to implement the order from February 1, 2011.
The landmark order, passed by a division bench comprising Chief Justice Dipak Misra and Justice Manmohan, said it’s the duty of the police to provide information and the accused does not need to move court to get a copy of an FIR.
‘‘Fair and impartial investigation is a facet of Article 21 of the Constitution and presumption as regards the innocence of an accused is a right. Therefore, a person booked under criminal law has a right to know the nature of allegations so that he can take necessary steps to safeguard his liberty,’’ the bench said.
Earlier, additional solicitor general A S Chandiok and amicus curie Arvind Nigam submitted their suggestions on the matter.
The counsel had said that recording of an FIR was an official act of a public official in discharge of his or her official duties and, therefore, it was a public document within the meaning of Section 74 of the Evidence Act, 1872.
The court said an accused was entitled to get a copy of the FIR earlier than what’s prescribed under Section 207 of the Criminal Procedure Code (which says the FIR would be supplied through a magistrate’s order after the accused moves court).
HC tells Delhi Police to start uploading all FIRs on its website from February 1, 2011
Says police have right to withhold FIRs of ‘sensitive’ nature, but decision must be taken by a DCP and communicated to area magistrate
Panel of 3 senior officers will look into complaints regarding FIRs not made public