Shimla: Holding that FIR is a public document and should not be kept out of public domain, Himachal Pradesh High Court yesterday issued directions to police to upload the FIRs on its website within 24 hours from January 26, 2015.
The court was hearing the plea of a 70-year old man, retired Assistant Excise and Taxation Commissioner, who had appeared in person in the court complaint that he was not being supplied the copy of the FIR as the matter pertained to senior police officer.
Single Bench consisting of Justice Tarlok Singh Chauhan observed that the accused was entitled to get a copy of the FIR at the earliest under Section 207 of the CrPC.
“The copies of FIR, unless reasons recorded that the offence is sensitive in nature, should be uploaded on the Himachal Pradesh 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,” Justice Chauhan directed.
The bench further directed that, “The decision not to upload the copy of the FIR on the website shall not be taken by an officer below the rank of Deputy Superintendent of Police and that too by way of a speaking order. A decision so taken by the DSP shall also be duly communicated to the Area magistrate.”
Further the word ‘sensitive' apart from the other aspects which may be thought of being sensitive by the competent authority would also include concept of privacy regard being had to the nature of the FIR.
In case the 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 Superintendent of Police who shall constitute a committee of three high officers and to deal with the said grievance within three days from the date of receipt of the representation and communicate it to the grieved person, the order said.
