Police officers often find themselves under pressure to register cases on
flimsy grounds.
The Supreme Court has laid down that a just balance has to be struck
between fundamental rights of citizens and the expansive power of the
police to investigate an offence. Subjecting a person to a police investigation
on the basis of vague and unverified information is a violation of
fundamental rights. It will only lead to censure and ordering of inquiry
against the errant officer by the courts who are under a duty to ensure
innocent people are not harassed by the investigative process.
III. Investigation of Offences
T. T Anthony V State of Kerala Air 2001 SC 2637
A. Background
In a well-known incident in Kannur district of Kerala, five persons were
killed and several injured in police firing. The police fired in order to control
activists belonging to the opposition, protesting the visit of a minister in
the ruling UDF coalition. Cases were registered against eight named and
many unidentified persons belonging to the opposition party for creating
the disturbances that led to the police action. Meanwhile, due to public
uproar, the UDF Government instituted a judicial inquiry into the incident.
In the intervening period, the UDF lost the election and the opposition
came to power. The report of the Commission of Inquiry, which was released
after the new government came to power held the Executive Magistrate
and the Deputy Superintendent of Police responsible for the deaths. The
findings of the commission were accepted by the new government and
cases were registered against the Executive Magistrate and the police
officials involved in the firing. The Executive Magistrate and the police
officials appealed to the Supreme Court after the High Court turned down
their request for cancelling the cases against them.
The appeals raised two significant questions of law:
(i)
whether a second First Information Report [FIR] can be registered in
respect of an offence that has already been registered, and if it can
form the basis of a fresh investigation
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