Online edition of India's National Newspaper
Saturday, May 17, 2008
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Online edition of India's National Newspaper Saturday, May 17, 2008 ePaper | Mobile/PDA Version |
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Tamil Nadu
Complainants should ensure that officers registered FIRs, writes V.S. Palaniappan Officers at the police station are duty bound to receive a complaint and in the event of the same being a cognisable offence, Section 153 of the Criminal Procedure Code “demands and insists” that the Station House Officers register a First Information Report (FIR) and issue one copy free of cost to the complainant. But, of late, driven by “unscientific performance appraisals” that look only at the statistics, officers’ show utmost reluctance i n registering FIRs. Whenever a case was reported and an FIR is registered, the crime graph of the jurisdiction shoots up reflecting on the officer. Hence, the officers fear that they might be grilled at the crime meetings (conducted by the supervisory officers once a month) for reviewing the performance and progress made in each case. The other factor that deterred police officers is that people tend to prefer complaints and obtain FIR copies for the sake of insurance claims and in the event of the complaint being false, the police officers are also being held accountable for ‘collusion’ in enabling false insurance claims. However, lawyers dispute this defence and say that insurance claims are honoured only when the police issue a UN certificate i.e., not detectable – undetectable certificate after 90 days on completion of investigations. Hence, the lawyers say that rejecting complaints for the fear of false and bogus claims is a lame excuse/defence put forth by the officers who shirk work. But, the public often pointed out that in the event of a mobile phone or a two-wheeler that had gone missing, public prefer to file a complaint with the police to get an acknowledgement for the purpose of having a record. Because, in many cases a misplaced/stolen mobile or a two-wheeler could go into wrong hands and the same could be used for unlawful activities. The onus of responsibility and liability would continue to rest on the original owner, if the theft had not been reported and registered as a case. As a result, many discerning public prefer to file a complaint and get an FIR not with the hope to get the property recovered or to go in for an insurance claim but to insulate them against the liability born out of misuse of the stolen property. There are even instances of officers showing reluctance in registering FIRs for complaints relating to bag lifting, pocket picking, way laying and robbing. There had been complaints of police officers even resorting to the practice of undermining the value of stolen property in the event of house break. The officers find that mentioning lowest value as stolen property in the FIR would help them maintain a reasonable crime graph. Lawyers and judicial officers pointed out that in the event of a complaint prime facie not being a cognisable offence, the police officers are expected to register the same in the Community Service Register (CSR) and issue a Petition Receipt (PR). If required, the police officer could refer the same to the Magistrate and based on court directions then a case could be registered. The same is applicable to complaints regarding civil/monetary disputes and petty quarrel. In a nutshell, police stations should serve FIR for a cognisable offence and PR/CSR entry for non-cognisable offences. It is neither a service nor a favour, it is their primary duty, sources said. When contacted, City Police Commissioner Kanhu Charan Mahali said that police officers are expected to comply with CrPC. In the event of refusal to entertain the complaint, police stations are not the be all and end all. Mr. Mahali said that the public could meet in person or write to the supervisory officers such as Assistant Commissioners, Deputy Commissioners of Police or even the Commissioner. Mr. Mahali said that in case of such complaints, the Commissioner’s office would issue the FIR copy besides initiating disciplinary action against the police officer for refusing to register an FIR.
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