Saket Court dismisses CJP legal head's plea for FIR against police

Delhi's Saket Court dismissed a plea by CJP legal head Ratna Singh seeking an FIR against police for alleged wrongful confinement. The court found the application non-maintainable as it lacked a supporting affidavit and didn't name a specific officer.

Saket Court on Saturday dismissed the application moved on behalf of Ratna Singh, legal affairs head of the Campaign for Judicial Parity (CJP), seeking registration of an FIR/NCR against police personnel, saying that it was not maintainable as it was not supported by an appropriate affidavit and the name of a specific public servant was not mentioned.

An application was moved alleging that Ratna Singh was wrongfully confined and prevented from attending a protest against Chief Election Commissioner (CEC) Gyanesh Kumar on October 10. She had also sought a direction to call a status report. Another application was also moved seeking her immediate release.

Chief Judicial Magistrate (CJM) Abhinav Pandey dismissed the application moved on behalf of Ratna Singh.

Court's Rationale for Dismissal

While dismissing the application, the court said that there is a lack of adherence even to the provisions of Section 175(4) BNSS, as there is no public servant specified in the application against whom the allegations have been made, and accordingly it is not possible to decipher the "Officer Superior" to such police official from whom this Court may seek such report.

The court also rejected the submissions in support of lodging of NCR, saying that the alternative prayer regarding the registration of NCR (non-cognisable report) made on behalf of the applicant, the said prayer is contrary to the allegations made in the present application, whereby the offences alleged are wrongful restraint/wrongful confinement, which attract punitive provisions under Sections 126 and 127 of BNS, 2023, both of which are cognisable offences.

"Accordingly, the alternative prayer under section 174(2) of BNSS 2023 is also not found to be made out on a bare perusal of the allegations made in the application itself," CJM Pandey said in the order. CJM said, "This Court is of the opinion that the present application is not even prima facie maintainable in the present form and accordingly stands dismissed. It being amply clear that the complaint made 'on oath' being the mandatory requirement of this provision, the present application under section 98 Cr.PC/101 BNSS 2023 is also not maintainable without an affidavit and accordingly stands dismissed," CJM Pandey said.

Contents of the Dismissed Application

In an application, she had sought directions for registration of an FIR and a status report from the police in connection with the alleged incident.

According to the application, Singh, a practising advocate, was proceeding towards the Supreme Court to participate in the lawyers’ protest against the CEC and was accompanied by two fellow advocates.

The plea alleged that after returning to the area outside her residence, Singh was sitting in a car with advocate Tara Narula when she was allegedly prevented from moving. It claimed that two cars blocked her vehicle from the front and rear, while police personnel remained outside the car.

Singh had alleged that she was wrongfully restrained and that the police personnel did not explain the legal basis for the alleged restriction despite her asking them to do so.

The application further states that a police call was made in connection with the incident and refers to details of the call. It also raises concerns over Singh’s liberty and safety, alleging that the circumstances warranted urgent intervention by the court.

Protest Against CEC Forms Backdrop

The plea comes amid protests by members of the legal fraternity against Chief Election Commissioner Gyanesh Kumar.

The proposed demonstration has drawn attention to the right of lawyers to assemble and express their views, as well as the role of police authorities in regulating protests and maintaining law and order.

Singh has sought judicial intervention, contending that the alleged restraint requires examination by the competent authorities.

Her application asks the court to direct the registration of an FIR against the police personnel allegedly involved and call for a status report from the concerned authorities.

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