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News: Forum plea to upload FIRs on police website

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THE Federation for People’s Rights has urged the police to upload onto its website all the FIRs filed within 24 hours from February 1, 2011 onwards.
Citing the Delhi High Court judgment in this regard, representations have been sent to the chief secretary, law secretary and the director general of police enclosing the judgment copy, said G Sugumaran, secretary of the federation, in a statement today.

Drawing the attention on the referred judgment pronounced by chief justice Dipak Misra and Manmohan of Delhi High Court, in W.P. (Crl.) No. 468 of 2010 on December 6, 2010, he said that as per the relevant operating portion, an accused was entitled to get a copy of the First Information Report at an earlier stage than as prescribed under Section 207 of the Cr.P.C.

An accused who had reasons to suspect that he had been roped in a criminal case and his name might find a place in an FIR could submit an application through his representative, agent or parokar for grant of a certified copy before the concerned police officer concerned or to the superintendent of police on payment of a fee. On such application being made, the copy shall be supplied within 24 hours.

The copies of the FIR, unless the offence is sensitive in nature, should be uploaded on the Delhi police website within 24 hours of lodging of the FIR so that the accused or any person connected with the same can download the FIR and file appropriate application before the court as per law for redressal of his grievances.

In the light of the above Judgment, he urged the police to take necessary steps to implement the court directions in Puducherry as well and circulate the copy of the judgment to all Police Stations, to uphold the rights of the accused.

The New Indian Express / 19.12.2010

Following Delhi HC Judgment, Upload all the FIRs in Puducherry Police Website!

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Federation for People’s Rights (FPR), Secretary, G.Sugumaran issued a Press Release on 15.12.2010:

The Federation for People’s Rights demands the government of Puducherry to observe the recent Delhi High Court Judgment and should upload on Police website all the FIRs filed within twenty-four hours of lodging of the FIR from 1st February 2011 onwards.

In this regard, today (15.12.2010), we sent the following representation to the Chief Secretary, Law Secretary and the Director General of Police enclosing the Judgment copy:

We would like to draw your kind attention on the above referred Judgment pronounced by the Honourable Chief Justice Mr. Dipak Misra and Honourable Justice Mr. Manmohan of Delhi High Court, in W.P. (Crl.) No. 468 of 2010 on 06.12.2010.

The Directions of the Judgment (relevant operating portion) is reproduced here for your kind consideration:

(A) An accused is entitled to get a copy of the First Information Report at an earlier stage than as prescribed under Section 207 of the Cr.P.C.

(B) An accused who has reasons to suspect that he has been roped in a criminal case and his name may be finding place in a First Information Report can submit an application through his representative / agent / parokar for grant of a certified copy before the concerned police officer or to the Superintendent of Police on payment of such fee which is payable for obtaining such a copy from the court. On such application being made, the copy shall be supplied within twenty-four hours.

(D) The copies of the FIR, unless reasons recorded regard being had to the nature of the offence that the same is sensitive in nature, should be uploaded on the Delhi Police website within twenty-four hours of lodging of the FIR so that the accused or any person connected with the same can download the FIR and file appropriate application before the court as per law for redressal of his grievances.

(J) The directions for uploading the FIR on the website of the Delhi Police shall be given effect from 1st February, 2011.

In the light of the above Judgment, we request your authority, to take necessary steps to implement the Court Directions in Puducherry also and circulate the copy of the Judgment to the Offices under your control and all Police Stations, to uphold the rights of the accused, ultimately the HUMAN RIGHTS.

Replace the Madras High Court calender without any political tone or colour!

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High Court Lawyers submitted a detailed memorandum to the Chief Justice of High Court of Madras on 03.02.2010 to replace the monthly Calendars with a new set of Calendars with court holidays and without any element of political tone or colour to restore the faith of common people in the independence of Judiciary. Senior Advocate P. Rathinam raised this issue and around 50 Lawyers of the High Court of Madras and Madurai Bench signed the memorandum.

Memorandum:

We the undersigned advocates are making this representation inviting the attention of the Hon’ble Chief Justice and the Hon’ble Judges of the High Court of Madras (including the Madurai Bench) to a vital aspect of preserving the independence of Judiciary.

1.    We are disturbed every day as the Rule of Law has been weakened by the growing and widening rule of gangs. We are aware that in a developing country the scope for political mismanagement is readily available as part of the semi feudal and semi colonial society. Even though the Constitution of India is well designed with the contribution of public spirited personalities and in particular Dr. B.R. Ambedkar, the same is not utilized to achieve the goal of the very Document.

2.    We are conscious that only with the tireless efforts the forces working to weaken the Rule of Law can be resisted successfully. We are making efforts to strengthen the movement to promote and strengthen Rule of Law.

3.    We are worried to experience the political activities in the last two decades and the same have gradually introduced unethical and unconstitutional approaches only to gain access to various institutions of the State. Now atleast a section of the law making bodies are having persons with criminal records and the same is considered by the opportunist to be a good qualification to lead such bodies. The basic values are getting eroded in the political activities. The competition and unhealthy rivalry in the political activities have reached a stage that only by offering cash to the voters their support in the election can be ensured. Unpleasant happenings are taking place in the circulation of currency to the voters as the Indian Currency notes carry the face of Gandhiji.

4.    We as the members of the profession are recollecting the contribution of Lawyers in every country in its freedom-struggle. Even most of such freedom fighters sacrificed not only their lives and properties but also the future of their legal heirs without any element of hesitation. They are all models to the society. But the present day happenings are shocking our conscience and that of the like minded people. We feel that there is no need to specify as the happenings are very much open and patent in our society.

5.    We start with the questioning of the unhealthy practice of exhibiting the monthly calendars with the photographs of the Chief Minister and such other political figures displayed in the court halls and in the offices of the courts. We are clear that such practice is not good for maintaining the Independence of Judiciary. It gives an impression as if Judiciary is an extension or somewhat subordinate to the executive.

6.    We have to place on record that the Constitution Makers were very much vigilant and clear in their understanding and approaches, while introducing Article 50 which reads as “Separation of Judiciary from executive:- The State shall take steps to separate the Judiciary from the executive in the Public Services of the State.”

7.    During pre-independence India there was a strong agitation that the judiciary should be separated from the executive and that agitation was based upon the assumption that unless they are separated, independence of judiciary at the lower level would be a mockery.

8.    We are very much worried and disturbed to experience the indiscipline     among a section of the law profession. There is no justification in criticizing others without looking at the happenings in the profession itself. Even the elections for the lawyers’ bodies are becoming a laughing stock. All kinds of corrupt practices are adapted by a section of the profession. We cannot hide and suppress the truth that unfair practices are getting strength as one section of the Judiciary is also maintaining corrupt practices. We have to admit the reality that the opportunists are maintaining a net work and they are able to keep control over the Institutions of the State. But the socially conscious people are keeping distance among themselves.

9.    But the ever increasing corruption and criminalization in the power centers will inevitably generate an atmosphere for the conscious people to get united only to protect the public interest. We hope the same is emerging in our society. We are confident that the strength of the conscious people will promote a better awareness among the people and the same will enable the Rule of Law to march forward. We will build a better Social Order as the Constitution Makers were dreaming.

10.    The High Court calendar can be taken as the model as it contains 12 months with the indication of High Courts’ holidays on a single sheet.

Hence we request the Hon’ble Chief Justice to take appropriate step to replace the monthly Calendars with a new set of Calendars with court holidays and without any element of political tone or colour in it at the earliest possible time to restore the faith of common people in the independence of Judiciary.

We also undertake to cooperate for such endeavors.

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