Thursday, March 24, 2016

State backtracks on GR for holding FIRs against staff

The state government informed the Gujarat high court on Wednesday that it has substituted the government resolution (GR) issued on February 2 with two fresh GRs issued on February 6 and March 19. According to the government's submission the fresh GRs, taken together, are in line with the Supreme Court's judgement in Lalita Kumari's case, which requires immediate FIR in cognizable offences. 

The Feb 2 GR had raised huge controversy as it had directed police not to register FIRs straight away against government employees, without completing primary inquiry. It was immediately challenged in the high court. In Lalita Kumari's case, the apex court mentioned that in five categories of offences, including domestic disputes, delayed complaints, corruption cases, medical negligence, and commercial offences, primary inquiry 'may be' made before registration of an FIR. A public interest litigation and a criminal application were filed in the high court by Congress party leader Indravijaysinh Gohil, and a lawyer K R Koshti who sought quashing of the Feb 2 GR on the grounds that it was in violation of the SC's order, and also against the provisions of the Criminal Procedure Code. They have argued that the GR was a bid to shield corrupt state government officials. When the case came up for hearing earlier this month, the state government had said it was giving "serious consideration" and examining the resolution against the apex court's order.

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