72 HOURS FOR JAMMU & KASHMIR DUE TO POOR NET
The Supreme Court has directed the police across the country to upload all FIRs on official websites within 24 hours of registering them to protect the interests of the accused and their families. The order would be effective from November 15.
Jammu & Kashmir state government should really look over the drawbacks for laying back in every field from other states as states with poor Internet connectivity such as those in the northeast, Jammu and Kashmir and Uttarakhand could take a maximum of 72 hours for the purpose.
A Bench comprising Justices Dipak Misra and C Nagappan clarified that FIRs in cases pertaining to terror, insurgency and sexual offences need not be uploaded.
The accused would not per se be allowed to take advantage of the police failure to upload the FIRs to seek any relief from the judiciary, the SC clarified.
The list of exempted offences was only illustrative, not exhaustive, the Bench clarified. In case the FIR was not uploaded in time in any case, the aggrieved person could immediately approach the area police officer in the rank of Superintendent (SP) and the SP would have to appoint a committee of three senior officers to redress the grievancewithin three days.
The order came on a PIL by the Youth Bar Association of India, represented by president Sanpreet Singh Ajmani. The directives were on the lines of an order by the Delhi High Court in a suo motu case.
An HC Bench comprising the then Chief Justice Dipak Misra and Justice Manmohan had dethe judgment on December 6, 2010. Today, the apex court made it valid for all states and Union Territories with some modifications and directed the court registry to send the order to all state police chiefs.
The Bench said it had passed the order as Section 207 of the CrPC merely stated that the accused persons were entitled to get FIR copies “without delay”, instead of specifying a deadline and this was causing hardship to them and their family members. Livered