SURAT, Oct 13: A recent ruling by a Supreme Court bench last week, which allows people to lodge a police complaint in any police station, irrespective of the place of crime, has been welcomed by jurists, women's rights organisations and advocates. The police, who will now be required to accept a First Information Report (FIR) of a crime committed anywhere in the country, however, have extra work to do.A bench comprising Justice K T Thomas and Justice M B Shah ruled that there is no bar on a person filing an FIR at a police station, even if the incident did not occur at a place under its jurisdiction. The ruling is aimed at resolving jurisdictional disputes between police stations.
Former Supreme Court judge Justice Dhirubhai A Desai, while reacting to the ruling, said it will prevent jurisdictional errors that the police and courts had to contend with. ``It is an exceptional ruling and will not only widen the scope of investigation, but will make court matters smoother,'' he said.
Desai said that there was absolutely no scope for misuse, as the case will be investigated by the police station concerned, although a complaint may be registered elsewhere.
Members of the Surat District Bar Association are divided over the ruling's effectiveness. While some say the judgement makes it easier for the aggrieved party, others say the question of filing a complaint elsewhere is debatable as the chances of misuse go up.
Says criminal lawyer and former president of the Surat District Bar Association Ashit Mehta, ``The ruling is debatable and should be thoroughly discussed before implementation.'' Mehta added that in cases where people are in a position to influence the police, escaping from the clutches of the law will become easier because it is the sections that are applied, along with the given circumstances, that influence the outcome of investigation of a case.
However, another senior advocate, J M Jadhav, is of the opinion that the ruling is a landmark event. ``Although it has not been entered into the law journals yet, the ruling will help people greatly as they can lodge their case wherever they want,'' he said.
But both advocates were united in their opinion that the ruling will do precious little in changing the police's attitude in registering cases. ``The common man's problems will remain. He will continue to be harassed,'' they said.
Even Akasmaat Nivaran Sahay (ANIS) General Secretary Girish Dholabhai, while praising the ruling, was apprehensive of whether the police will really stick by the ruling. ``Even in normal cases, people's FIR's are not entertained by the police. They have to approach the police commissioner or other officials. This simply has no great use'', he said. He however added that the ruling will be very helpful in cases of crimes against women. ``Now parents can lodge complaints in any police station, and need not go to the police station where the crime is committed,'' Dholabhai said. ANIS has been attempting to bring to light crimes against women, including bride-burning, dowry deaths and harassment.
In the past, there have been a number of instances in the city where the police have taken time to decide which police station will register a case. The commonest are disputes between Rander and Ichhapore and Pandesara and Udhna.
Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.