Registration of FIR in cognizable offence must: SC

November 12, 2013

Registration_of_FIRNew Delhi, Nov 12: Registration of FIR in cognizable offence is a must and action must be taken against police officials for not lodging a case in such offences, the Supreme Court held on Tuesday.

A five-judge Constitution Bench headed by Chief Justice P Sathasivam said, “We hold registration of FIR is mandatory and no preliminary enquiry is permissible in cognizable offences.”

The bench, also comprising justices B S Chauhan, Ranjan P Desai, Ranjan Gogoi and S A Bobde, said action must be taken against erring police officials for not registering FIR in cognizable offences.

“Police officials cannot avoid to register the FIR and action must be taken against them if no FIR is registered,” the bench said.

It said that preliminary enquiry can be conducted in other cases to find out whether the offence is cognizable or not and such probe must be completed within seven days.

The bench said there is no ambiguity in the law and the legislative intent is for compulsory registration of FIR in cognizable offences.

The constitution bench delivered the verdict after a three-judge bench referred the case to the larger bench on the ground that there were conflicting judgements on the issue.

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News Network
March 29,2020

New Delhi, Mar 29: The Centre on Sunday asked state governments and Union Territory administrations to effectively seal state and district borders to stop movements of migrant workers during lockdown, officials said.

During a video conference with Chief Secretaries and DGPs, Cabinet Secretary Rajiv Gauba and Union Home Secretary Ajay Bhalla asked them to ensure that there is no movement of people across cities or on highways as the lockdown continues.

"There has been movement of migrant workers in some parts of the country. Directions were issued that district and state borders should be effectively sealed," a government official said.

States were directed to ensure there is no movement of people across cities or on highways.

Only movement of goods should be allowed.

District Magistrates and SPs should be made personally responsible for implementation of these directions, the official said.

Adequate arrangements for food and shelter of poor and needy people including migrant labourers be made at the place of their work, the official said.

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News Network
June 5,2020

New Delhi, Jun 5: Around 20 staff members of Delhi Metro Rail Corporation (DMRC) have tested positive for COVID-19, all of them are asymptomatic and are doing well, said DMRC officials.

In a statement, the DMRC said, "Along with the rest of the country, DMRC is also fighting the battle against COVID-19. Delhi Metro's employees have shown exemplary resilience in reporting back to their duties to keep the Metro system in all readiness for the eventual resumption of services."

"Some employees, scattered across the NCR have unfortunately been infected by the virus as well. They are all safe and recovering gradually. However, in this hour of crisis as well, the spirit of Delhi Metro continues to be high," the DMRC stated.

DMRC Managing Director, Dr Mangu Singh, in a message today asked all employees to adhere to social distancing norms and wished those afflicted with the virus a speedy recovery.

"This indomitable spirit will surely help the Delhi Metro, whenever we resume our services in the days ahead," said DMRC.

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News Network
April 20,2020

London, Apr 20 : Embattled liquor baron Vijay Mallya, who is wanted in India on alleged fraud and money laundering charges amounting to an estimated ₹9,000 crore, today lost a High Court appeal in UK against his extradition order to India.

A consortium of Indian public sector banks led by the State Bank of India had sought a bankruptcy order against Mallya as part of efforts to recoup around GBP 1.145 billion of unpaid loans from Mallya.

The 64-year-old former Kingfisher Airlines boss had appealed to the High Court against his extradition to India at a hearing in February this year.

Lord Justice Stephen Irwin and Justice Elisabeth Laing, the two-member bench at the Royal Courts of Justice in London presiding over the appeal, dismissed the appeal in a judgment handed down remotely due to the current coronavirus lockdown.

"We consider that while the scope of the prima facie case found by the SDJ [Senior District Judge] is in some respects wider than that alleged by the Respondent in India [Central Bureau of Investigation (CBI) and Enforcement Directorate (ED)], there is a prima facie case which, in seven important respects, coincides with the allegations in India," the judges ruled.

Earlier this month, the High Court in London had deferred hearings on a plea by the SBI-led consortium of Indian banks, seeking the indebted tycoon to be declared bankrupt to enable them recover their loan from him.

Justice Michael Briggs of the insolvency division of the High Court granted relief to Mallya, ruling that he should be given time till his petitions to the Supreme Court of India and his settlement proposal before the Karnataka High Court be determined, allowing him time to repay his debts to the banks in full.

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