The Ministry of Home Affairs (MHA) has issued an advisory asking all the State governments not to discriminate against minorities and immediately register an FIR. The advisory comes in the wake of the lynching of a 50-year-old Muslim man over rumours of consuming and storing beef at Dadri in Uttar Pradesh.
The Centre has said the FIR should be registered on time as timely filing of charge sheet and speedy trial restore the faith of different communities.
The Ministry decided to send the advisory on Wednesday after a high-level meeting on Monday discussed steps to ensure communal harmony.
Cognisable offence In a communication, the Ministry told the States and the Union Territories that as per the Criminal Procedure Code, a police officer is duty-bound to register a case on the basis of any information disclosing a cognisable offence and an FIR has to be registered irrespective of territorial jurisdiction.
“The National Commission for Minorities, in its Annual Report 2011-12, has recommended prompt action in registration of FIRs, timely filing of charge sheet and speedy trial to restore the faith of minorities. In this regard, it is pertinent to note that registration of FIR is the first step in the whole process. Therefore, all States/UTs must ensure that utmost promptness in registering FIRs is extended to all those who approach the police for registration of FIRs without any discrimination of whatever kind,” the advisory said.
The Home Ministry also asked the state governments to ensure that the instructions are circulated among all departments concerned, organisations and others for strict compliance.
The communication also quoted the earlier advisories of the Ministry in which it was conveyed that a police officer is duty-bound to register a case on the basis of any information disclosing a cognisable offence.
“We had also made it clear that when it becomes apparent that even if the offence has been committed outside the jurisdiction of a police station, zero FIR would still be registered and the FIR would then be transferred to the appropriate police station as per Section 170 of the CrPC,” said an advisory sent on February 6, 2014. The Ministry had said policemen refusing to register FIR would face up to one year in jail.
