Court imposes personal cost on police officer for denying FIR copies
The Bombay High Court has strongly reprimanded the Palghar police for failing to provide copies of First Information Reports (FIRs) to accused individuals, imposing a personal cost of Rs 25,000 on the Station House Officer (SHO) of Wada police station. The bench directed that the amount be deducted from the SHO's salary and deposited in the court within two weeks.
Violation of legal rights triggers judicial ire
The court's order came during a hearing on a petition where the accused alleged that despite repeated requests, the police did not furnish the FIR copy. The bench noted that this was a clear violation of Section 207 of the Code of Criminal Procedure (CrPC), which mandates that the accused must be provided with copies of documents, including the FIR, free of cost. The court observed that such dereliction of duty undermines the right to a fair trial.
Precedent-setting penalty to ensure compliance
In its order, the bench stated that the cost is intended to serve as a deterrent and ensure that police stations across Maharashtra comply with the legal requirement. The court also directed the Palghar Superintendent of Police to ensure that all SHOs in the district are aware of this ruling and strictly adhere to the law. The judge remarked, "Denying FIR copies is a serious matter that affects the liberty of an individual and cannot be taken lightly."
Legal experts welcome the move
Legal experts have welcomed the Bombay High Court's stance, calling it a significant step towards accountability in the police force. They pointed out that many accused, especially those from marginalized backgrounds, often face difficulties in obtaining FIR copies, which hampers their ability to prepare a defense. The court's decision is expected to streamline the process and reinforce the principle of transparency in criminal investigations.
