High Court of Delhi
Dipak Misra, Manmohan
Court On Its Own Motion
Vs.
State
WP(Crl.) No. 468/2010
Decided On : Dec 06, 2010
DIPAK MISRA, J.
(1) The fundamental issue that has emerged for consideration in this writ petition that has been instituted on the basis of a letter sent to this Court is whether an accused is entitled to a copy of the First Information Report after it is lodged and if so, what steps are required to be taken to facilitate its availability as the liberty of an individual is inextricably linked with his right to be aware how he has been booked under law and on what allegations. Liberty and freedom are the strongest passion of men and many have sacrificed their lives for the cause of liberty. No one has ever conceived it as an arduous contrivance, a distant notion to be achieved by fortunate moments but as a basic human right. Liberty and life are in wedlock in a civilized society with the pledge not to tolerate the idea of separation. Jose' Marti has described liberty thus: Like bone to the human body, and the axle to the wheel, and the song to a bird, and air to the wing, thus is liberty the essence of life.
(2) Regard being had to the aforesaid concept, we now proceed to deal with the issue. At the very initial stage of adjudication, on 28.4.2010, the learned standing counsel for the State submitted that a scheme has been formulated in respect of the supply of First Information Report to the accused. A statement was made that further time would be required to set up a suitable mechanism for providing copies to the accused persons in certain categories of cases. On 04.08.2010, Mr. Chandhiok, learned Additional Solicitor General, submitted that when an FIR is registered under Section 154 of the Code of Criminal Procedure (for short the Cr.P.C.), the same is sent to the Magistrate within 24 hours even if the accused is not apprehended. It was his further submission that this Court can issue a direction that anyone can file an application for obtaining the certified copy of the FIR and that would subserve the purpose. On that date, this Court directed the Registrar General of this Court to examine the aforesaid facet and submit a report. Mr.Arvind Nigam, learned senior counsel, was appointed as the Amicus Curiae to assist the Court. On the basis of the aforesaid order, the Registrar General of this Court has submitted a report. Be it noted, the Registrar General has given certain suggestions on which there was a debate at the bar on various issues. It is also worth noting that the learned amicus curiae and the learned counsel for the petitioner, Dr. L.S. Chaudhary, who appeared on behalf of Mr. Ajay Chaudhary, who had invoked the jurisdiction of this Court, have given their respective suggestions.
(3) Presently to the scheme under the Cr.P.C. Section 154 of the Cr.P.C requires a police officer to reduce in writing any information given to him disclosing the commission of a cognizable offence. It is also incumbent that the FIR is to be signed by the person giving it. The said provision being relevant for the present purpose is reproduced hereinbelow:
"Section 154 - Information in cognizable cases- (1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf. (2) A copy of the information as recorded under sub- section (1) shall be given forthwith, free of cost, to the informant. (3) Any person, aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the c
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