The recent direction of the apex court that police officials who don't register an FIR after receiving complaints should be penalised has been questioned by some state governments.

The contention of the states is that such a step would make it easier for individuals to file false, frivolous and malicious cases against innocent persons to settle personal scores.

On July 14, a Bench of Justice B N Aggrawal and Justice G S Singhvi, while noting that there were several complaints of cops not promptly registering FIRs on the complaint of citizens, had asked the states and Union Territories to take disciplinary action against erring cops, which could include sending them to jail.

It had also sought the response of chief secretaries and DGPs on the direction. On Wednesday, while most states agreed with the direction, Haryana, Maharashtra, Orissa and Chandigarh opposed it.

These states took the stand that FIRs could be registered after a preliminary enquiry by the investigating officer. However, the court didn’t agree with the argument and said, “What a noble argument. There is no such law that preliminary enquiry has to be conducted before an FIR. What's happening in our country?”

After taking on record the affidavits filed by the states and UTs, the Bench indicated that it might refer the issue to a larger Bench as it involved important questions of law.