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Wednesday, December 30, 2009

MANDATORY REGISTRATION OF ALL COMPLAINTS AS FIRs (RUCHIKA CASE FALLOUT)

      THE FOLLOWING IS POSTED FOR THE BENEFIT OF INFORMATION OF ALL VETERAN BROTHERS:-
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Learning a lesson from Ruchika case, the government plans to issue circulars to all states and Union territories calling for mandatory registration of all complaints as FIRs. However, the police officials have their own excuse behind non-registration of complaints .  Typically, police officials often claim that they need to see whether a complaint is "genuine " and point to limitations in manpower. These arguments are not without merit , but discussions in home ministry and and PMO have felt that the risk might be worth it. The SHO or case officer should have to explain why a case was not registered after an FIR was filed.

It is pointed out that registering an FIR is mandatory with regard to "atrocities " against SC and STs where nonregistration could mean punitive action. "No SHO hesitates for even a minute to register a complaint under the SC and ST (prevention of atrocities) Act," said a PMO official.  Ruchika's family members had alleged that the local police refused to register the FIR when they lodged a complaint against Rathore in the molestation case. The police allegedly also refused to register a case when Ruchika's brother was harassed by cops on false charges.

Former chief of bureau of police research and development , Kiran Bedi, said "Governments and police often show an artificial control of crime. This is also a source of corruption and crime. The home ministry will have to work in tandem with states and judiciary or this will remain on paper." She added, "The country has finally woken up and realised the need to register all crimes.'' Elaborating the move in the backdrop of many such complaints from across the country, the home ministry official said: "The objective of the circular to the states and UTs is to ensure that even if a complaint is false, police have to investigate it after registering the FIR" .

He said: "If the complaint is found to be false, police can always drop the FIR. But that should not be a deterrent in registering genuine complaints as FIR" . Various police reforms commissions and the Bureau of Police Research and Development (BPR&D ) had stated about the existing problem of non-registration of FIRs. Although the matter was discussed while analyzing the police reform issues, a section of the cops argued that it could be possible only when the strength of the force is increased substantially.
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(SOURCE : T O I)

1 comment:

  1. I would be happy if you link my blog to this article which discusses the merits of this proposal....http://breakingthecodeofcriminalprocedure.blogspot.com/

    ReplyDelete