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An FIR and an angry High Court

Background of the Case

  • On May 14, the Madhya Pradesh High Court directed the State Police to register an FIR against Cabinet Minister Vijay Shah.
  • Allegation: He made inflammatory remarks against Colonel Sofiya Qureshi, an Army officer.
  • The FIR invoked Sections 152, 196(1)(b), and 197(1)(c) of the Bharatiya Nyaya Sanhita (BNS), which relate to:
    • Acts endangering national unity,
    • Promoting enmity between groups.

Relevance : GS 2(Judiciary ,Governance)

Court’s Concerns

  • Though an FIR was registered the same day, the High Court criticized it for being deficient in material particulars.
  • Concern: FIR lacked specific details of the alleged actions that would constitute each offence.
  • The Court feared that such an FIR could be quashed later due to vagueness.

Judicial Response

  • The Court:
    • Directed that the entire court order of May 14 be treated as part of the FIR.
    • Stated its intent to monitor the investigation to ensure fairness and impartiality.

Essentials of FIR Writing

  • As per Section 171(1) of BNS, any information on a cognisable offence must be written and recorded properly.
  • Best practice: Include the elements of the offence in the FIR to:
    • Justify the legal sections applied.
    • Allow the accused to seek bail or other remedies.
  • Often, the original written complaint is copied into the FIR in entirety, especially after a preliminary inquiry.

Examples of FIR Quashing

  • Vinod Dua v. Union of India (2021): SC quashed FIR as no offence was made out.
  • Arnab Goswami v. State of Maharashtra (2020): Bail granted; SC held FIR lacked prima facie ingredients for abetment of suicide.

Principles for Quashing FIR (Bhajan Lal Guidelines, 1992)

  • FIR can be quashed if:
    • Allegations do not prima facie constitute any offence.
    • Allegations do not disclose a cognisable offence under Section 156(1) (investigation without magistrate’s permission).
    • FIR is absurd, improbable, or has mala fide intentions.

Application to Current Case

  • FIR includes the High Court’s full order, which details the speech and context.
  • If challenged, this order becomes part of the FIR, bolstering its legal standing.
  • The police should have included excerpts from the minister’s speech, but omission isn’t fatal.

Author’s Critique

  • Though FIR drafting could’ve been better, police acted within legal norms.
  • High Court’s harsh remarks against the police were unwarranted and premature.
  • Monitoring the investigation is welcome, but overreaching criticism undermines procedural fairness.

Conclusion

  • The case underscores the importance of:
    • Proper FIR drafting,
    • Judicial restraint,
    • Adherence to procedural justice,
    • And the balancing of free speech vs public order.

July 2025
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