CHAPTER 2
Judiciary on Policing and Human Rights
(Inclusive of Case Laws)
I. REGISTRATION OF FIR
State of Haryana v BhajanLal & Others air 1992 sc 604
A. Background
A First Information Report [FIR] was registered by the Haryana Police
against Ch. BhajanLal, on a complaint by a private person that he possessed
assets disproportionate to his known sources of income. BhajanLal - Union
Minister and former Chief Minister of Haryana - went to the High Court
asking for the FIR to be cancelled, saying that it was registered because of
the political rivalry that existed between Ch Devi Lal, the existing Chief
Minister of Haryana and him.
The High Court ordered cancellation of the FIR and all proceedings
undertaken on its behalf, on the ground that the allegations did not make
up a cognizable offence to start a lawful investigation. The State of Haryana
appealed to the Supreme Court against the order of the High Court. of
Haryana v Bhajan Lal & Others air 1992 sc 604
B. Observations by the Supreme Court
The Supreme Court said that the order of the High Court cancelling the
FIR, was bad both in law and on the facts. They asserted that everyone,
whether individually or collectively, must abide by the law and even the
judiciary cannot interfere with the investigation process unless police
officers improperly and illegally exercise their investigatory powers.
However, the Supreme Court cautioned that where a police officer
transgresses the circumscribed limits and causes serious prejudice to the
personal liberty and the property of a citizen, courts will step in and issue
appropriate orders.
Section 154 (1) of the Code of Criminal Procedure, 1973 [CrPC] says that
if any information disclosing a cognizable offence is given at the police
station, the officer incharge must register it. The Supreme Court asserted
that it is not open to the police to question the reasonableness or credibility
Manual on Human Rights for Police Officers
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