Holding the delay in issuing copy of an FIR to a complainant as violation of human rights, the State Human Rights Commission has recommended that the State Government direct the Director-General of Police to issue a warning to the police personnel concerned.
Commission Member Jayanthi passed the order on a complaint by M. Fathimuthu Jehra of Poonamallee near here.
The complainant stated that on October 15, 2007, her two sons and nephew were returning to Poonamallee when a gang chased them from Ice House and assaulted them near a hotel (on Triplicane High Road.) She tried to get a copy of the FIR, but the police threatened her. She cited Christopher, the then Inspector and Devaraj, Sub-Inspector, Ice House police station, as respondents.
In the common counter, the respondents said that a copy of the FIR was given to the complainant on October 16 itself.
The complainant filed an objection stating that if she had been furnished an FIR copy, there would have been no necessity for her son to send a telegram to get it.
The Commission said that in the cross-examination, the Sub-Inspector had stated that without obtaining the signature of the complainant, he had given a copy of the FIR. The Inspector, during cross-examination, had said an FIR copy was given to the complainant only after receipt of a telegram on October 17.
Though sufficient opportunity was given to both the parties, they had not filed any document to show actually on which date the copy of the FIR was received by the complainant or issued to her. “But, however only after making hard efforts, the complainant was able to get a copy of the FIR.”
After examination of the evidence of witnesses and documents, the rights body concluded that the “human rights of the complainant have been violated to the extent that a copy of the FIR was issued to the complainant belatedly.”
Ms. Jayanthi recommended to the State Home Secretary to direct the DGP to issue a warning to both the respondents for having issued an FIR copy to the complainant after delay.
