08 February 2024 FIR >> Criminal Law  

In a recent judgment, a police officer, Bijender Singh, appealed a court order directing the filing of a First Information Report (FIR) against him. The underlying issue centers on an alleged violation of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act) by Singh during an investigation.

Factual Background:

• A lawyer filed a complaint against Singh, alleging discriminatory conduct amounting to a violation of the SC/ST Act during the investigation of a parking dispute.
• Singh maintains that a comprehensive investigation into the original complaint was conducted, culminating in a chargesheet against the accused parties without requiring arrest.
• Notwithstanding the investigation and chargesheet, a court mandated the filing of an FIR against Singh himself.
• An internal departmental inquiry, however, exonerated Singh of any misconduct related to the investigation.

Legal Arguments by Singh:

• Section 4 of the SC/ST Act: Singh contends that the court order contravenes Section 4 of the SC/ST Act. This provision safeguards public servants from frivolous accusations by mandating a preliminary inquiry before lodging an FIR against them.
• Denial of Natural Justice: Singh further argues a denial of his right to natural justice. He asserts that he was not served with the application or summons pertaining to the FIR order, effectively depriving him of the opportunity to be heard and defend himself before the court.

Legal Implications:

This case hinges on the interpretation and application of Section 4 of the SC/ST Act, particularly its requirement for a preliminary inquiry before initiating FIR proceedings against law enforcement officers. Additionally, the case raises questions regarding the deference accorded to internal departmental inquiries in such situations.

Conclusion:

The outcome of Bijender Singh v/s State & Another will determine the extent to which courts can bypass the safeguards provided to public servants under Section 4 of the SC/ST Act. It may also shed light on the importance of adhering to natural justice principles in legal proceedings involving law enforcement officers.

  Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989