The court has directed activist Madhu Kishwar to approach the Senior Superintendent of Police (SSP) office to obtain a copy of the First Information Report (FIR) lodged against her. The order came in response to her plea seeking a direct copy from the police authorities.
Background of the Case
Madhu Kishwar, a known social activist, had filed a petition requesting the court to direct the police to provide her with a copy of the FIR. She argued that the police had failed to comply with her request despite multiple reminders. The FIR pertains to allegations made against her in connection with a protest.
Court's Ruling
Presiding over the case, the judge observed that as per standard procedure, the complainant or the accused is entitled to a copy of the FIR. However, the court noted that the petitioner should first approach the SSP office, which is the appropriate authority to handle such requests. The court emphasized that the police department has a prescribed mechanism for providing copies of FIRs, and bypassing that would set a wrong precedent.
The judge further stated that if the SSP office fails to provide the copy within a reasonable time, Kishwar may approach the court again. The court also directed the SSP to consider the request expeditiously and in accordance with the law.
Reactions and Implications
Madhu Kishwar expressed disappointment with the court's decision, stating that it adds an unnecessary layer of bureaucracy. She maintained that the police have been deliberately avoiding giving her the FIR copy, which is a basic right of any individual named in an FIR. Legal experts, however, have supported the court's stance, noting that the proper channel must be followed to maintain administrative order.
The case highlights the ongoing tussle between activists and law enforcement agencies over access to legal documents. It also underscores the importance of following due process even in matters of fundamental rights.
The court has adjourned the matter for further hearing after four weeks, giving time for the SSP office to respond.
