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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Agencies
January 24,2020

New Delhi, Jan 24: The Election Commission of India on Friday told the Supreme Court that its 2018 direction asking poll candidates to declare their criminal antecedents in electronic and print media has not helped curb criminalisation of politics. The poll panel suggested that instead of asking candidates to declare criminal antecedents in the media, political parties should be asked not to give tickets to candidates with criminal background.

A bench of Justices R F Nariman and S Ravindra Bhat asked the ECI to come up with a framework within one week which can help curb criminalisation of politics in nation's interest.

The top court asked the petitioner BJP leader and advocate Ashiwini Upadhyay and the poll panel to sit together and come up with suggestions which would help him in curbing criminalisation of politics.

In September 2018, a five-judge Constitution bench had unanimously held that all candidates will have to declare their criminal antecedents to the Election Commission before contesting polls and had called for a wider publicity, through print and electronic media about antecedents of candidates.

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Satya Vishwasi
 - 
Saturday, 25 Jan 2020

What about those criminals who were already in parliament and vidahan sabhas? shall the ECI cancel their positions?

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News Network
February 28,2020

New Delhi, Feb 28: The Congress on Friday reacted sharply to the petition in the court seeking registration of a First Information Report against Sonia Gandhi, Rahul Gandhi and Priyanka Gandhi Vadra for alleged hate speeches. It said the petition was to save BJP leaders Pravesh Verma, Anurag Thakur and Kapil Mishra, referring to the trio as "PAK".

Congress leader Jaiveer Shergil told news agency, "It is political interest litigation to hide the failure of the government and to put a lid on the BJP's involvement in fuelling the fire in Delhi riots.

"This is to hide and save BJP's PAK -- Pravesh, Anurag and Kapil," said Shergil.

The BJP has two parameters, the laws for the common man and citizens of the country are different from those for the BJP leaders, added Mr Shergil.

The Delhi High Court on Friday issued notices on a petition for the registration of an FIR against Sonia Gandhi, Rahul Gandhi, Priyanka Gandhi Vadra and others on charges of delivering hate speeches.

Congress said that the PIL was politically motivated and the inaction on the hate speeches made by the BJP leaders, which led to the riots, was shocking.

"When there are 48 cases registered, why three cases against the BJP leaders are not registered," asked Mr Shergil.

A Bench of Chief Justice DN Patel sought responses from the Central and Delhi governments apart from Delhi Police on a petition filed by Lawyers Voice. The matter will again be heard on April 13.

The petition also sought a case against Aam Aadmi Party leaders Manish Sisodia and Amanatullah Khan, All India Majlis-e-Ittehadul Muslimeen leaders Akbaruddin Owaisi and Waris Pathan, and lawyer Mehmood Paracha.

"Issue directions to constitute an SIT to look into these hate speeches and take appropriate action. Issue direction to register an FIR against those named in the petition," the petition said.

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News Network
August 8,2020

Kozhikode, Aug 8: Minister of State (Mos) for External Affairs V Muraleedharan on Saturday reached Kozhikode where Air India Express flight (IX-1344) crash-landed yesterday. 

He is likely to meet those injured in the crash and their family members.

At least 17 people including two pilots have lost their lives in the incident. However, the four-cabin crew members are safe, said the Air India Express in a statement. 

The injured are admitted to hospitals in Malappuram and Kozhikode, as per the state government officials.

Informing about his visit to Kozhikode, Muraleedharan tweeted: "Taking off to #Calicut by @airindiain
special flight. Hope to visit the crash site at the Calicut Airport and also meet those injured in the crash and their family members."

Muraleedharan on Friday expressed grief after an Air India Express plane carrying 190 passengers including 10 infants skidded while landing at Karipur Airport in Kozhikode.

"Deeply anguished to hear about the mishap in Calicut airport involving the flight from Dubai to Calicut. Was informed that the plane overshot the runway and seemingly nosedived," the Minister tweeted.

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