6,054 FIRs unresolved for more than 3 years, state tells HC

The state government has admitted before the Punjab and Haryana High Court that 6,054 FIRs have been pending investigation for over three years, highlighting a massive failure in law enforcement.

The disclosure comes just a month after the high court expressed shock at 1,338 FIRs pending for more than three years in Amritsar district alone.

The state further informed Justice NS Shekhawat’s Bench that 17 officers had served as Senior Superintendents of Police (SSPs) in Amritsar district (Rural) since April 22, 2012, and appropriate action would be taken against “all officers” for failing to properly supervise investigations.

The Bench was also told that departmental action had been initiated against 93 Investigating Officers after files in as many as 93 FIRs were found to be missing, misplaced, disappeared or destroyed from the police stations.

Appearing before Justice Shekhawat’s Bench, the state counsel contended that the state Director-General of Police had now directed Amritsar (Rural) SSP to ensure that the investigations in all FIRs registered prior to February 28, 2022 – pending for the last more than three years – were conducted in a fair and impartial manner.

The state counsel also assured the Bench that investigation in all 6,054 cases would be conducted and a status report filed by the next date of hearing in May end. Fixing the case for further hearing in May last week, Justice Shekhawat directed: “A fresh status report may be filed by way of an affidavit of the Director-General of Police, Punjab….”

The law mandates that investigations must be conducted expeditiously to uphold the fundamental right to a fair trial under Article 21 of the Constitution. Section 173(1) of the Code of Criminal Procedure (CrPC) requires the Investigating Officer to complete the probe “without unnecessary delay”.

The Supreme Court has repeatedly asserted that undue delays violate an accused person’s right to speedy justice and could lead to quashing of FIRs or bail relief.

The court held that inordinate delays undermined the credibility of the criminal justice system. In Lalita Kumari’s case, the apex court reaffirmed that prompt investigation was a statutory obligation and deliberate delay warranted judicial intervention.

The court, on a previous hearing, had expressed shocked that investigation in cases registered in 2013 was stated to be still pending. “In several cases, the files of Investigating Officers are missing for more than 10 years and it has been stated that the police file is under reconstruction. In a few cases, it has been found that the doctor’s opinion with regard to the injuries suffered by the victims have not been obtained for more than four years. Still further, in most of the cases, no efforts have been made to arrest the accused and thousands of criminals are on the run in one district of Punjab,” Justice Shekhawat had asserted.