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 Manual on Human Rights for Police Officers 67

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