First information report (FIR) as it is popularly known, is the act of registration of a criminal case, as soon as the information of the offence is received by the police station. It sets the criminal law in motion and it is a legal safeguard for the individual. The offence becomes an offence against the state, unlike a civil dispute, where the two parties fight it out for justice in a court of law. In a criminal case, it is the job of police or the concerned investigative team to do it through a thorough investigation, with rock solid investigation, and chargesheet the case for onward judicial trial.
In the judicial trial, prosecutors fight on behalf of the state, that is the victim, and try to clinch a win over the defence on the effort made by the investigative agency / police and legal expertise, acumen and ability to battle it out through neatly laid out structured processes. A verdict at a lower court can be taken on appeal till the Supreme Court, if required, or forced by the defence. This is standard procedure, legally mandated, and known to one and all to even those who have very little idea of the criminal justice system. Though getting an FIR registered has never been very easy in this country, now there is a visible trend to manage without an FIR.
This is more so with the high and mighty, who can make their tryst with justice, without having to risk anything or even make any effort and get the result in their favour. Or in case of a failure they need not face the consequences thereof. This is the running trend being facilitated in the most surreptitious manner, the two recent cases catching the country’s imagination would make it very clear. First is the Justice Yashwnat Varma CashGate. Twelve days down the line, when divine intervention made the cash to burn, in his backyard, the quantum, source and transportation / disposal unknown, in a fully guarded residence, there was no FIR either against him or unknown accused.
Judicial and constitutional protection or rather immunity came into play. From misconduct to criminal offence are all the same for the Indian judiciary. The country is being sacrificed at the altar of judicial autonomy. We dare call it judicial sovereignty. An enquiry by Delhi HC Chief Justice, and then a deeper probe by SC Panel of two HC Chief Justices and one HC Judge. Criminal investigation is not their expertise, forte or mandate. All this to avoid an FIR. It would have been better to take a conspiracy case against unknown accused on the complaint of Justice Varma. It would have served the purpose. The second case is down south, in Karnataka, the now famous honeytrap cases. Legislative immunity is used to create a political cacophony, what purpose, we don’t know. The story is way beyond what meets the eye. As claimed, 48 cases, not even one FIR. Where are we heading to?
DOES THE JUDICIARY AND THE GOVERNMENT HAVE NO FAITH IN FIR (CRIMINAL JUSTICE SYSTEM) OR THEY ARE CREATING A SMOKESCREEN TO EVADE THEIR CULPABILITY?
Sanjay Sahay