Sunday, April 21, 2013

Complaint should be considered as a First Information Report (FIR).

---------- Forwarded message ----------
From: PVCHR ED <>
Date: Sun, Apr 21, 2013 at 10:29 PM
Subject: Complaint should be considered as a First Information Report (FIR).
To: Chief Justice of SC <>

Honorable Chief Justice,
Supreme Court of India.

Dear Sir,

Greetings from PVCHR.
There are several problems in the Criminal Justice System in India. Primarily, every victim faces two problems; (i) inability to file a First Information Report (FIR), (ii) credibility of the investigation. Despite the directions of the Honorable Supreme Court to file FIR in all the cases, police refuses to comply it, thereby proving a point about the level of impunity the force enjoys.
We believe that an alternate proposal must be put forward to ensure that the police file an FIR in every case. PVCHR proposes that in the event of a refusal by the police to file an FIR the person can go to the office of the Chief Judicial Magistrate (CJM) to make the complaint. The CJM should be empowered to receive the complaint both at the office and at the residence. In case of wrongful confinement and custodial torture, the complaint can be made by victims or by anyone on behalf of the victim. All these complaints should be noted in a Register, followed by directions of the CJM to district police authority for necessary action within 24 hours and report back. This complaint should be considered as a First Information Report (FIR). The very next day that complaint should be referred to the concerned Judicial Magistrate for necessary action. Complaints can also be made through email, fax and sms.  
Registration of a case in the judicial diary will automatically force the police to follow procedure and establish accountability.

With kindest regards,

Lenin Raghuvanshi
Secretary General
SA 4/2 A, Daulatpur, Varnasi-221002
UP, India

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