Odisha Human Rights Commission Mandates Preliminary Inquiry Before FIR Registration in Political Cases
The Odisha Human Rights Commission (OHRC) has issued a significant directive to the state police, advising them to always conduct a preliminary inquiry before rushing to file a First Information Report (FIR) in complaints that carry political overtones. This move aims to curb the misuse of criminal law and protect innocent individuals from harassment.
Background of the Case
The OHRC's order, dated January 30 and made public on Wednesday, stems from a petition filed by BJD spokesperson Lenin Mohanty. Mohanty alleged that the commissionerate police had falsely implicated him in a case in September 2024. An FIR was registered against him at the Malgodown police station in Cuttack on September 5, 2024, under multiple provisions of the Bharatiya Nyaya Sanhita (BNS) and Sections 25 and 27 of the Arms Act.
The complaint was lodged by a Ravenshaw University student, who accused Mohanty and others of attacking him a day earlier. Mohanty approached the OHRC, claiming that the police acted without conducting a preliminary inquiry, subjecting him to harassment, mental agony, and damage to his reputation.
Commission's Observations and Recommendations
After reviewing the police investigation report, which concluded that the allegations against Mohanty and others were false, the OHRC came down heavily on the police. The commission observed, "When a complaint discloses motives of political vendetta, it should be scrutinised at the threshold through a preliminary inquiry. This will ensure that false cases are not registered and innocent persons are not harassed."
The order directed the Director General of Police (DGP) to issue instructions mandating that complaints involving political overtones or prima facie vendetta must undergo a preliminary inquiry. It emphasized that FIRs should only be registered if clinching evidence is available, and investigations must be conducted in a fair and proper manner to prevent misuse of criminal law. This directive was issued by OHRC member Asim Amitabh Dash.
Reactions and Implications
Lenin Mohanty welcomed the order, calling it a safeguard against the misuse of police machinery in political disputes. He stated, "Police should act with greater caution in such cases. FIRs in politically sensitive matters without preliminary inquiry can result in harassment of innocent persons. The commission has rightly emphasised that criminal law should not be used as a tool for political revenge."
When asked about the directive, a senior police officer responded, "We will comply with the OHRC's recommendations. Investigating officers will be sensitised to ensure proper adherence to these guidelines."
Key Points from the OHRC Order
- Conduct preliminary inquiries for complaints with political motives before filing FIRs.
- Issue DGP guidelines to all police stations for thorough scrutiny of such complaints.
- Register FIRs only when substantial evidence is present to avoid false cases.
- Ensure fair investigations to protect individuals from harassment and reputational damage.
This directive by the Odisha Human Rights Commission marks a crucial step towards enhancing police accountability and safeguarding human rights in politically charged situations. It underscores the need for due diligence in law enforcement to prevent the weaponization of legal processes for personal or political gains.
