New Delhi [India], September 30 (ANI): The Supreme Court on Wednesday strongly pulled up the Uttar Pradesh (UP) Police over registering an unnamed FIR despite the police allegedly knowing the accused’s identity.
A bench of Justices Sanjay Kumar and Sanjeev Sachdeva questioned how people could trust the police in such circumstances, and suggested that the CBI take over all criminal investigations in the State. It went on to observe that it may even disband the entire State police force.
“Why did you write unknown if the person was caught at the spot? How will people trust the police?” the Court said.
The Court’s remarks came after the petitioner, who appeared in-person, alleged that the accused had been apprehended at the spot but was still not named in the FIR. The Court also raised concerns over the possibility of an accused being named later through a supplementary document.
“Perhaps…. you can substitute the name, bring in one of your own names…” the Court observed.
The Court noted that the UP Police affidavit itself disclosed the accused’s name. Despite this knowledge, his name was allegedly left out of the FIR. The Court sternly sought an explanation over this. The Court directed the UP administration to file a fresh affidavit explaining the circumstances surrounding the FIR.
It further remarked that following instructions was one thing, but going to such lengths to protect or cover up the conduct in question was unacceptable.
The matter relates to a woman who had approached the Supreme Court seeking cancellation of anticipatory bail granted to the accused.
The accused had initially been granted bail by the lower court. The woman then approached the High Court seeking cancellation of his bail, but the High Court declined her plea.
She subsequently moved the Supreme Court against the High Court order.
Her complaint in the underlying case was registered under Section 354 of the IPC. She alleged that the accused had trespassed into a private space and harassed her.
During the Supreme Court hearing, she alleged that she had handed the accused over to the police, but the FIR was nevertheless registered against an unknown person.
She further alleged that the accused’s name was subsequently brought into the case after the High Court sought a report, and that he was eventually given a clean chit. The Supreme Court expressed shock at the submission.
Advocate Vijendra Singh, representing Uttar Pradesh (UP police) has denied that the Court had made the adverse observations against the State police.
According to the advocate-on-record, the Court had only noted the petitioner’s submissions during the hearing and sought an affidavit from the UP Police. The Uttar Pradesh government has said it will respond to the allegations before the Court. (ANI)
SC lambasts UP Police over unnamed FIR despite accused being known, suggests CBI take over all UP cases
