Jharkhand HC Directs DGP, SP To Register FIR Against Policemen Who Assaulted Protesting Relatives Of Murdered Bajrang Dal Leader
The Jharkhand High Court directed the Director General of Police, State of Jharkhand, and the Superintendent of Police, West Singhbhum at Chaibasa, to register an FIR immediately against its personnel for allegedly assaulting the relatives of Bajrang Dal leader Kamaldev Giri who was murdered in Chakradharpur last year. The Court held that the police are obligated to register an FIR when a complaint discloses a cognizable offense, as per the Lalita Kumari v. Government of Uttar Pradesh and others, (2014) 2 SCC 1 judgment by the Supreme Court.
A Bench of Justice Sanjay Kumar Dwivedi held that, “In view of the above directions, once the offence of cognizable nature is there, the police officer is bound to register an FIR when complaint discloses cognizable offence”
Advocate Suraj Singh appeared for the Petitioner and Advocate P.C. Sinha appeared for the respondent-State.
The petitioner's counsel explained that a case had been registered by the petitioner's elder brother concerning the murder of the leader. Despite the petitioner and her family requesting a Narco Analysis Test for the arrested accused persons, no action had been taken. Later, a peaceful demonstration was held to draw attention to this issue, resulting in the petitioner and her brother being abused and assaulted by In-charge of Sadar Police Station, Chaibasa. The petitioner filed a written complaint about this incident, accompanied by a medical report documenting her injuries. However, no FIR was registered against the erring police officer.
On the other hand, counsel representing the respondent-State, contended that an FIR had already been registered in connection with the murder case of the petitioner's brother, which was under investigation. He also argued that the injuries sustained during the protest were the result of the demonstration, and therefore, no FIR was warranted.
The Court noted that the petitioner had suffered eight injuries and that the police officer involved was accused of brutal assault. The medical report supported the petitioner's claims, and the police had requested the medical examination themselves. Referring to the Lalita Kumari case by the Supreme Court, the Court emphasized the mandatory nature of registering an FIR when a complaint disclosed a cognizable offense.
The Court added, “Prima facie, cognizable offence is there and in view of the judgment passed by the Hon'ble Supreme Court in Lalita Kumari (supra), the FIR has not been registered by the police.”
“In view of the above, the Director General of Police, State of Jharkhand, Ranchi and the Superintendent of Police, West Singhbhum at Chaibasa are directed to register an FIR forthwith.” the Court directed.
It also instructed the Director General of Police to issue a Circular/SOP to all Station House Officers, outlining the Lalita Kumari case judgment's directions and the consequences for failing to follow them. Disciplinary action could be initiated against police officers who did not adhere to these guidelines.
The Court granted a two-week period for compliance and disposed of the petition, clarifying that it had not expressed an opinion on the merits of the complaint, and that the investigation should proceed independently.
Cause Title: Pooja Giri v. The State of Jharkhand & Ors.
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