FIR Uploading Delayed Only In Sensitive Cases By Lokayukta Police, Karnataka High Court Told

A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi accepted the affidavit filed by the Additional Director General of Police (Karnataka Lokayukta) through Superintendent of Police attached to the Karnataka Lokayukta, and disposed of a PIL seeking directions for uploading of all the First Information Reports (FIRs) on the website of Police wing of Karnataka Lokayukta, within 24 hours of registration.

Advocates Umapathi S in the petition had relied on Youth Bar Association of India Vs Union of India, wherein the Supreme Court directed all FIRs to be uploaded on the official website of the concerned Police within 24-hours.

The authorities in response said, "In some cases if FIR is uploaded then information of the case being registered will be known to the accused and it may result in destruction of the evidence and may defeat the purpose of Prevention of Corruption Act."

It added: "Hence to balance the rights of accused and the society at large, the respondent no 2 [Lokayukta police] in compliance with the directions given by the Apex court, requires it to delay uploading of FIR in cases of sensitive nature. In other cases which do not fall within the exempted category the respondent no 2 is complying with the directions of the Apex Court."

The bench recorded the submission of the petitioner-in-person that in view of the affidavit, the grievance raised by him no longer survives. The petitioner also admitted that in certain cases the secrecy is required to be maintained.

"Considering the above facts and considering that the grievance raised in PIL is addressed and redressed, the PIL is disposed of," the court said.

The petitioner had said that most of the citizens approaching the institution of Lokayukta are ignorant, poor and illiterate and some of them don't even approach constitutional courts for relief. Non-availability of FIR constrains them to approach different courts for relief, costing them money and effort, the plea argued.

It was also submitted that since the Anti-Corruption Bureau is now abolished by virtue of order of the High Court and the power to probe cases under the Prevention of Corruption Act is restored to the Lokayukta police, the uploading of FIR by it should be continued as earlier without any hindrances. The petitioner contended that non-availability of FIR on the website is violation not only of apex court order but also the fundamental rights of the citizens.

Case Title: UMAPATHI S v. THE STATE OF KARNATAKA

Case No: WP 20297/2022.

Citation: 2022 LiveLaw (Kar) 493

Date of Order: 01-12-2022