List steps taken to ensure religion isn’t mentioned in FIRs, HC tells DGP

Tribune News Service

Saurabh Malik

Chandigarh, September 17

More than six months after directions were issued against mentioning the religion or caste of an accused, victim or witnesses in an FIR or other official documents prepared during the course of investigation, the Punjab and Haryana High Court has asked the Punjab DGP to elaborate on the steps taken for implementing the orders.

As the issue cropped up before the High Court during the hearing of an anticipatory bail plea, Justice Jasgurpreet Singh Puri also asked the DGP to file his own affidavit in the matter. The Jalandhar SSP was also directed to remain present in the court next week when the case will come up for further hearing.

Directions issued six months ago

• As the issue came up before the HC during the hearing of an anticipatory bail plea, Justice Jasgurpreet Singh Puri asked the DGP to file an affidavit
• The Jalandhar SSP was also directed to remain present in the court next week when the case will come up for further hearing
• Directions were issued against mentioning the religion or caste of an accused, victim or witnesses in an FIR over 6 months ago

In his order passed on a petition filed through counsel Ashok Giri by an accused in a case registered under the provisions of the NDPS Act at the Nakodar Sadar police station in Jalandhar, Justice Puri observed the expression “sardar” had been used in “the vernacular of the FIR”.

Referring to another matter heard and decided by the HC, Justice Puri observed that the orders on the issue passed by the DGP, dated March 7, had already been submitted before the High Court. The orders made it clear that a person’s religion would not be used in the FIR. Justice Puri added, “Still the same has been done”.

Justice Puri also reproduced in his order the DGP’s instructions, which among other things, added the only exception was matters where mentioning of religion was absolutely necessary, such as cases related to promoting enmity between different groups on the grounds of religion, race, place of birth and residence, and for hurting religious sentiments under Sections 153-A and 295- A of the IPC.

Taking suo motu cognisance of the age-old system adopted by the courts and the police of mentioning the religion of an accused or a victim in criminal cases, the High Court in May 2019 had imposed a ban on the practice.

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