Case Summary
| Citation | Lalita Kumari v. Govt. of Uttar Pradesh2008(11) SCALE 157 |
| Keywords | FIR, Order, Guidelines, Section 154 of CrPC, Registering FIR, Police, SHO, SP |
| Facts | The Supreme Court vide its order dated 14.07.2008 issued notices to Government authorities and Police authorities but it is pathetic state of affairs that only two States, viz., States of Uttar Pradesh and Arunachal Pradesh, have responded and the other States did not bother to file their responses. Some of them have simply engaged their counsel, who are appearing in court, and, as usual, they have made prayer for time to file responses. |
| Issues | Non compliance of the law, constitution and also directions of the Court by the police authorities and government authorities. |
| Contentions | Some of them have simply engaged their counsel, who are appearing in court, and, as usual, they have made prayer for time to file responses, making delay or noncompliance deliberately. |
| Law Points | Law is clear but question is about administration of that law to achieve justice. |
| Judgement | Further direction were issued directing the Chief Secretaries of all the States and Union Territories and Director Generals of Police / Commissioners of Police, as the case may be, to see that the police officers posted in every police station throughout the country should act in accordance with the order dated 14th July, 2008, treating the proposed directions therein given by this Court to be the interim ones and, in case there is any failure on the part of any police officer, the concerned authority shall take immediate action against that officer. |
| Ratio Decidendi & Case Authority | Article 142 empowers the Supreme Court to pass any decree or order necessary for doing complete justice in any case or matter pending before it. These decrees or orders are enforceable across India’s territory, making them significant tools for judicial intervention. |
Full Case Details
B.N. AGRAWAL AND G.S. SINGHVI, JJ. :
O R D E R
1. By order dated 14th July, 2008, we issued notices to the Chief Secretaries of all the States
and Union Territories and Director Generals of Police / Commissioners of Police, as the
case may be, to show cause as to why the directions enumerated therein be not given by
this Court. Notices were sent to the aforesaid authorities by the Supreme Court Registry by
fax and it was mentioned in the notices that the order has been put on the website of the
Supreme Court of India so that they may file responses without loss of time. The order was
put on the website of the Supreme Court of India, as directed by this Court.
2. It appears that notices have been served upon the Chief Secretaries of all the States and
Union Territories and all the Generals of Police / Commissioners of Police, as the case may
be, but, in spite of that, it is pathetic state of affairs that only two States, viz., States of Uttar
Pradesh and Arunachal Pradesh, have responded and the other States did not bother to file
their responses. Some of them have simply engaged their counsel, who are appearing in
court, and, as usual, they have made prayer for time to file responses.
3. In spite of the order passed on 14th July, 2008, that we intend to give certain directions
enumerated therein, it is unfortunate that neither the Director Generals of Police /
Commissioners of Police, as the case may be, nor the Superintendents of Police has taken
any steps by giving suitable directions to the officers in-charge of the police stations. In
view of this, we direct the Chief Secretaries of all the States and Union Territories and
Director Generals of Police / Commissioners of Police, as the case may be, to see that the
police officers posted in every police station throughout the country should act in
accordance with the order dated 14th July, 2008, treating the proposed directions therein
given by this Court to be the interim ones and, in case there is any failure on the part of any
police officer, the concerned authority shall take immediate action against that officer.
4. In any view of the matter, we grant two weeks’ time by way of last chance to the Chief
Secretaries of all the States and Union Territories, except Chief Secretaries and Director
Generals of Police of the States of Uttar Pradesh and Arunachal Pradesh, as well as
Directors Generals of Police / Commissioners of Police, as the case may be, to file
responses failing which they shall have to appear in court in-person on the next date fixed
in this case. As all the States and Union Territories are represented before this Court, it was
not necessary for the Registry to communicate this order to the Chief Secretaries or
Directors Generals of Police / Commissioners of Police, as the case may be. Nonetheless,
the Registry is directed to communicate this order by fax as well to the Chief Secretaries of
all the States and Union Territories and all the Director Generals of Police / Commissioners
of Police, as the case may be,
5. Let order dated 14th July, 2008 and this order be put on the website of the Supreme Court
of India so that the people of India may know what directions have been given by this Court
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and they may take appropriate steps in case of any inaction on the part of the concerned
officer of the police station in instituting a case and the Chief Judicial Magistrate / Chief
Metropolitan Magistrate, as the case may be, shall take action in a case of inaction upon
filing of complaint petition and give direction to institute the case within the time directed
in the said order failing which the Chief Judicial Magistrate / Chief Metropolitan
Magistrate, as the case may be, shall not only initiate action against the delinquent police
officer but punish them suitably by sending them to jail, in case the cause shown is found
to be unsatisfactory. Apart from this, the Chief Judicial Magistrate / Chief Metropolitan
Magistrate, as the case may be, shall report the matter to the disciplinary authority at once
by fax as well upon receipt of which the disciplinary authority shall suspend the concerned
police officer immediately in contemplation of departmental proceeding.
