Thursday, December 5, 2013

Please uphold the law; Don’t violate it

Please uphold the law; Don’t violate it

The law on procedure is given in section 354 CrPC. It states whenever there is a commission of a cognizable offence its FIR shall immediately be lodged by the Officer In Charge of a Police Station. He is to investigate the offence and is to file a Charge-sheet before a Magistrate under section 173 CrPC.
In State of Haryana Vs. Ch. Bhajan Lal 1992 Supp. (1) SCC 335 the Supreme Court of India has laid down the law that any other procedure is illegal. Earlier police used to defer lodging an FIR and undertake some preliminary inquiry to ascertain if the offence was in fact committed. Supreme Court said, “No, this was a wrong procedure. Police was to lodge an FIR and then undertake investigation.” In relation to a cognizable offence, none has the power of investigation or inquiry before registration of an FIR. If any inquiry is to be carried on it would be done before a magistrate under section 200 CrPC.
Even after this direction by the Supreme Court various agencies used to commit a breach of the law and registration of FIRs were illegally deferred and delayed. Then a Constitution Bench of the Supreme Court undertook the matter in Lalita Kumari Vs. Govt. of UP in SLP (Crl.) 5986/2006 & 5200/2009 and scrutinized the entire law. In its judgment on 12 Nov. 2013 it again affirmed the position of law as it was laid down in State of Haryana Vs. Ch. Bhajan Lal 1992 Supp. (1) SCC 335   .
The Supreme Court deprecated any accused centred process leading to deviation from the established procedure. None else other than a local police officer is collect evidence. All proceedings are to be reported to in the court of a local magistrate. The procedure and the offence is not to be diluted against influential people.
If it is so then why a retired judge Justice AK Ganguly is allowed to evade the procedure and the substance of law. If the alleged actions of Justice Ganguly are sufficient to attract the provisions of a cognizable offence then why the agencies other than the local police are seized in of the matter. Why the victim is not allowed to approach the police and the magistrate so that the law may be set in motion.

Why the law laid down by the Supreme Court is being defeated? 

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