Placing FIRs online: Supreme Court issues notice in Youth Bar Association’s PIL [Read petition]

The Supreme Court today issued notice to the Central and State government in a petition praying for uploading First Information Reports on the official websites of the concerned police departments..The public interest litigation petition has been filed by Youth Bar Association of India and came up for hearing as item 12 in court 4 today..A Bench of Justices Dipak Misra and Shiva Kirti Singh sought the response of the Centre and all states governments in the case..Advocates Sanpreet Singh Ajmani, Manohar Pratap, Peeyush Bhatia and Aastha Vashishth appeared for the petitioner Association..The Association has submitted that though the FIR is a public document yet it is difficult to obtain a copy of F.I.R from police..“Therefore, if the F.I.R is put to websites it would be in the larger public interest and the same will also avoid many difficulties being faced by the general public.”.In the petition, the petitioner has enumerated the significance of FIR in a criminal case. It has submitted that once an FIR is recorded, it become a public document as per the Indian Evidence Act and any person has the right to inspect the same..“…recording of an FIR is an official act of a public official in discharge of his official duties and, therefore, it becomes a public document within the meaning of Section 74 of the Evidence Act, 1872. Any person has right to inspect, shall give to that person on demand a certified copy thereof in terms of Section 76 of the Evidence Act, 1872….. under Sections 437, 438 and 439 of the Cr.P.C., an accused is required to satisfy the Court in respect of the matters specified therein before the Court may admit the accused to bail and such right cannot be exercised by the accused in the absence of knowing the substance of the allegations made against the accused if a copy of the FIR is denied.”.The petitioner has buttressed its arguments by resorting to Articles 21 and 22..“The situation can be viewed from the constitutional perspective. Article 21 of the Constitution of India uses the expression personal liberty. The said expression is not restricted to freedom from physical restraint but includes a full range of rights which has been interpreted and conferred by the Apex Court in a host of decisions. …… Article 22 of the Constitution of India also has significant relevance in the present context inasmuch as it deals with protection against arrest and detention in certain cases.”.The petitioner has also relied on decisions of three High Courts – those of Himachal Pradesh, Delhi and Allahabad which had directed that FIRs be uploaded on police websites..Based on the above, the petitioner has sought a direction to be issued to the Centre and States,.“To upload each and every ‘first information report’ lodged in all the police stations within the territory of India in the official website of the police of all states, as early as possible preferably within 24 hours from the time of lodging.”.The Court proceeded to issue notice to the Centre and states who have to respond by the second week of July..Read the petition below.