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 63

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