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2016 (4) TMI 758 - HC - Indian LawsRight to receive copy of the FIR even before the stage of proceedings under Section 207 of the Cr.P.C. - PIL for direction to upload the copy of the FIR in the website of the police station and to make available copies of the FIR to the accused immediately on registration of the FIR - Held that - When Section 438 is held to be a device to secure individual s liberty, all means to secure the said liberty has to be held to be available to the accused to fulfill the object which clearly reinforces the right of the accused to receive copy of the FIR. We thus hold that the accused is entitled for copy of the FIR. The accused can make an application to the police station concerned or office of the Superintendent of Police or the Court of concerned Magistrate which is required to be provided to him immediately within forty eight (48) hours. Whether copy of the FIR registered in a police station can be obtained under the 2005 Act? - Held that - Information under the 2005 Act is being provided by the police authorities even online also. We are thus of the view that application for copy of the FIR can also be submitted by any person under the 2005 Act. It is however, relevant to note that whether in a particular application police authorities are claiming exemption under Section 8(1) of the 2005 Act is a question which has to be determined by the police authorities by taking appropriate decision by the competent authority. In event no such decision is taken to claim exemption under Section 8 of the 2005 Act, the police authorities are obliged to provide for copy of the FIR on an application under the 2005 Act. Whether all the FIRs registered in the State are to be uploaded in the website of the respective police stations? - Held that - It is in the domain of authorities as to which category of the FIRs are to be put on website for information to the public in general. But there has to be a decision and appropriate categorization or norms for taking a decision as to in which case FIR be uploaded and in which it is not be uploaded. The State can come with any such decision which may balance right of information available to the public in general and interest of the State. We are thus of the opinion that petitioner has made out a case for issuing directions to the State to consider all aspects of the matter and take appropriate decision regarding uploading of the FIR in the police website with all details regarding its operation and mechanism.
Issues Involved:
1. Right of the accused to receive a copy of the FIR before the stage of proceedings under Section 207 of the Cr.P.C. 2. Obligation of police authorities to provide a copy of the FIR when an application is filed under the Right to Information Act, 2005. 3. Requirement to upload all FIRs registered in the State on the website of the respective police stations. Detailed Analysis: 1. Right of the Accused to Receive a Copy of the FIR: The court examined whether the accused has the right to obtain a copy of the FIR before the stage of proceedings under Section 207 of the Cr.P.C. The court noted that the Cr.P.C. does not explicitly provide for giving a copy of the FIR to the accused at any earlier stage than by a Magistrate on commencement of the proceeding under Section 207. However, for the meaningful exercise of rights under Section 438 of the Cr.P.C. (anticipatory bail), obtaining a copy of the FIR is relevant and necessary. The court cited several precedents, including Dhanpat v. Emperor, Panchanan Mondal v. The State, and Shyam Lal v. State of U.P., which support the accused's right to receive a copy of the FIR. The court concluded that denying the accused access to the FIR would impede their ability to defend themselves and secure their liberty. Therefore, the accused is entitled to a copy of the FIR upon request to the police station, Superintendent of Police, or the concerned Magistrate within 48 hours. 2. Obligation of Police Authorities to Provide a Copy of the FIR under the Right to Information Act, 2005: The court considered whether the police authorities are obliged to provide a copy of the FIR when an application is filed under the Right to Information Act, 2005. The court referenced the Supreme Court's interpretation in State of U.P. v. Raj Narain and Dinesh Trivedi v. Union of India, which emphasized the public's right to know about public acts and transactions. The court noted that while the 2005 Act provides for certain exemptions under Section 8(1)(h), which allows withholding information that would impede the process of investigation or prosecution, this does not universally apply to all FIRs. The police authorities must assess each application and determine if the exemption applies. If no exemption is claimed, the FIR must be provided under the 2005 Act. The court also highlighted that the Kerala Police already offers online facilities for filing RTI applications and obtaining FIR copies. 3. Requirement to Upload FIRs on the Police Website: The court addressed the petitioner's request to mandate the uploading of all FIRs on the police website. The State Government argued against this, citing practical difficulties, potential hindrances to police work, and privacy concerns. The court acknowledged that certain FIRs, especially those involving national security or sensitive matters, should not be made public. However, the court pointed out that other High Courts, such as Delhi, Orissa, and Punjab & Haryana, have issued directions for uploading FIRs with exceptions for sensitive cases. The court directed the State to consider categorizing FIRs that can be uploaded and to take a policy decision within three months regarding the uploading of FIRs on the police website. Conclusion: The court disposed of the writ petition with the following directions: 1. The police station or office of the Superintendent of Police must provide a copy of the FIR to the accused within two days of receiving an application. 2. The accused can also obtain a copy of the FIR from the court of the concerned Magistrate within two working days of making the application. 3. Copies of the FIR must be provided under the Right to Information Act, 2005, unless exempted under Section 8 of the Act. 4. The State must consider and decide on the policy of uploading FIRs on the police website within three months. Parties were directed to bear their own costs.
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