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ALLAHABAD HIGH COURT
Dr. Dhananjaya Yeshwant Chandrachud, C.J. and Yashwant Varma, J.
Youth Bar Association of India & Anr. —Petitioners
versus
State of U.P. & Anr. —Respondents
Public Interest Litigation (PIL) No.59532 of 2015
Decided on 19.11.2015
Held: For convenience of reference, we are extracting below the reliefs which have been sought in these proceedings:
“(A) To issue writ, order or direction in the nature of mandamus, commanding the Respondents to upload each and every ‘First Information Report’ lodged in all the Police Stations within the territory of State of Uttar Pradesh in the official website of the Uttar Pradesh Police i.e. “uppolice.gov.in”, as early as possible preferably within 24 hours from the time of lodging.
(B) To issue writ, order or direction in the nature of mandamus commanding the concerned Police Stations and also the Ilaka Magistrates in the territory of State of Uttar Pradesh to ascertain that the certified copy of such ‘First Information Report’ be supplied to the accused/his representative/pairokar/agent as early as possible preferably within 24 hours of the application made in this regard.”
During the course of the hearing, the learned Standing Counsel has placed on the record the statement of the Superintendent of Police (Crimes) made on behalf of the Director General of Police dated 18 November 2015. The statement deals with each of the two reliefs which have been sought separately and is extracted hereinbelow:
fcUnq la[;k & , ds lac/k esa bl eq[;ky; ds vuqlkj izns’k ds Fkkuksa ij iathd`r izFke lwpuk fjiksVZ dks mRrj izns’k iqfyl dh osclkbV ij viyksM djus esa dksbZ vkifRr ugha gS] fdUrq eq[;ky; dk ;g Hkh vfHker gS fd fuEu izdkj dh izFke lwpuk fjiksVZ] tksfd laosnu'khy izd`fr dh gksrh gSa] mRrj izns'k iqfyl dh osclkbV ij viyksM u dh tk;sa vkSj u gh Fkkus Lrj ls vkjksih ;k mlds izfrfuf/k dks iznku dh tk;sa%&
1½ /kkjk 376] /kkjk 376,] 376ch] 376lh] 376Mh] 376bZ o 377 Hkk0n0fo0 ds vijk/k] D;ksafd buesa ihfM+rk ds uke dk mn~?kkVu osclkbV ij lkoZtfud gksuk LokHkkfod gS ¼ftudk izdk'ku
/kkjk 228, Hkk0 n0 fo0 ds vUrxZr Hkh n.Muh; gS½A
2½ ySafxd vijk/kksa ls ckydksa dk laj{k.k vf/kfu;e ¼ikDlks ,DV½&2012 ds vUrxZr iathd`r leLr vijk/k ¼rkfd ihfM+r dk uke lkoZtfud u gks½A
3½ ,sls vo;Ldksa }kjk fd;s x, vijk/k] ftUgsa /kkjk 21 tqosukby tfLVl ¼ds;j ,.M izksVSD'ku vkWQ fpYMz~su½ ,DV 2000 ds vUrxZr mn~?kkfVr djuk izfrcfU/kr fd;k x;k gSA
4½ vkradoknh@mxzoknh ?kVukvksa ls lacaf/kr izFke lwpuk fjiksVZ] jk"Vz~h; lqj{kk ls lacaf/kr izFke lwpuk fjiksVZ ,oa fof/k fo:) fdz;kdyki
vf/kfu;e&1967 ds vUrxZr iathd`r izFke lwpuk fjiksVZA
5½ vkWQhfl;y lhdzsVl ,DV ds vUrxZr iathd‘r vijk/kksa dh leLr izFke lwpuk fjiksVZ] D;ksafd ,sls vijk/kksa dh izFke lwpuk fjiksVZ mn~?kkfVr djus ls jk”Vz~h; fgr izHkkfor gks ldrk gSA
6½ ,sls izd‘fr ds vijk/k] tks fd lkEiznkf;d ?kVukvksa ls lEcfU/kr gS rFkk ftuesa Hkk0n0fo0 ds vU; /kkjkvksa ds vfrfjDr /kkjk 153,] 295] 295,] 296] 297] 298 Hkk0n0fo0 dk vijk/k ?kfVr gqvk gSA
mijksDr id`fr dh izFke lwpuk fjiksVksZ ds vfrfjDr vU; lHkh izFke lwpuk fjiksVsZ mRrj izns’k iqfyl dh osclkbV ij viyksM djus dh dk;Zokgh izkjEHk djus gsrq vij iqfyl egkfuns’kd] rduhdh lsok;sa dks funsZf"kr dj fn;k x;k gSA
fcUnq la[;k &ch ds laca/k esa voxr djkuk gS fd ek0 mPp U;k;ky; }kjk fdzfeuy fjV ;kfpdk la[;k&37@98 ';keyky cuke m0iz0 ljdkj o vU; esa ikfjr vkns'k ds vuqikyu esa iqfyl egkfuns’kd] mRrj izns'k }kjk vius ifji= la[;k&39@1998] fnukad 19-12-1998 ¼Nk;kizfr layXu½ }kjk leLr ofj"B iqfyl v/kh{kd @iqfyl v/kh{kd tuin o jsyos dks izFke lwpuk fjiksVZ dh lR;kfir izfrfyfi iznku djus gsrq funsZ’k fuxZr fd;s tk pqds gSaA iqu% leLr ofj"B iqfyl v/kh{kd@iqfyl v/kh{kd tuin dks bl laca/k esa funsZf'kr fd;k tk jgk gSA
Insofar as the first prayer is concerned, the State Government has indicated that it has no objection to the FIRs being uploaded on the website of the U.P. Police save and except in regard to the exceptional category of cases which have been adverted to above. We need only clarify that the category of cases spelt out above may not necessarily be exhaustive of all categories and there may be exceptions where the need to preserve the identity of the victim, the course of proper investigation, the protection of witnesses and other aspects involving a predominant consideration of public interest may warrant the FIR not being uploaded on the website of the police authorities. Where a decision is taken not to do so, such decision should be taken by an officer not below the rank of Superintendent of Police, for reasons to be recorded in writing. Insofar as the second prayer is concerned, as stated in the statement which has been placed on the record by the learned Standing Counsel, necessary instructions have already been issued in that regard. (Paras 5 & 6)
Result: Petition disposed of.
JUDGMENT
Dr. Dhananjaya Yeshwant Chandrachud, C.J.—By the petition, the petitioners seek a writ of mandamus commanding the State of Uttar Pradesh to upload each and every First Information Report FIR lodged in all the Police Stations across the State on the official website of the State Police - uppolice.gov.in as early as possible and preferably within twenty four hours from the time of lodging. A direction is also sought to the Elaka Magistrates and the Police Stations in the State to ascertain that the certified copy of the FIR is supplied to the accused or to his representative, pairokar or agent expeditiously and preferably within twenty four hours of the application being made in that regard.
2. A similar issue engaged the attention of the Delhi High Court in Court on its own motion vs. State, Writ Petition (Crl.) No.468 of 2010. The Delhi High Court in its judgment dated 6 December 2010 took on record a mechanism which was proposed by the Additional Solicitor General for supply of copies of FIRs. Eventually, the following directions were issued:
“(A) An accused is entitled to get a copy of the First Information Report at an earlier stage than as prescribed under Section 207 of the Cr.P.C.
(B) An accused who has reasons to suspect that he has been roped in a criminal case and his name may be finding place in a First Information Report can submit an application through his representative / agent / parokar for grant of a certified copy before the concerned police officer or to the Superintendent of Police on payment of such fee which is payable for obtaining such a copy from the court. On such application being made, the copy shall be supplied within twenty-four hours.
(C) Once the First Information Report is forwarded by the police station to the concerned Magistrate or any Special Judge, on an application being filed for certified copy on behalf of the accused, the same shall be given by the court concerned within two working days. The aforesaid direction has nothing to do with the statutory mandate inhered under Section 207 of the Cr.P.C.
(D) The copies of the FIR, unless reasons recorded regard being had to the nature of the offence that the same is sensitive in nature, should be uploaded on the Delhi Police website within twenty-four hours of lodging of the FIR so that the accused or any person connected with the same can download the FIR and file appropriate application before the court as per law for redressal of his grievances.
(E) The decision not to upload the copy of the FIR on the website of Delhi Police shall not be taken by an officer below the rank of Deputy Commissioner of Police and that too by way of a speaking order. A decision so taken by the Deputy Commissioner of Police shall also be duly communicated to the Area Magistrate.
(F) The word ‘sensitive’ apart from the other aspects which may be thought of being sensitive by the competent authority as stated hereinbefore would also include concept of privacy regard being had to the nature of the FIR.
(G) In case a copy of the FIR is not provided on the ground of sensitive nature of the case, a person grieved by the said action, after disclosing his identity, can submit a representation with the Commissioner of Police who shall constitute a committee of three high officers and the committee shall deal with the said grievance within three days from the date of receipt of the representation and communicate it to the grieved person.
(H) The Commissioner of Police shall constitute the committee within eight weeks from today.
(I) In cases wherein decisions have been taken not to give copies of the FIR regard being had to the sensitive nature of the case, it will be open to the accused / his authorized representative / parokar to file an application for grant of certified copy before the court to which the FIR has been sent and the same shall be provided in quite promptitude by the concerned court not beyond three days of the submission of the application.
(J) Th
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