Specify Steps Taken To Ensure That Religion Of Accused, Victim Isn't Mentioned In FIR: Punjab And Haryana High Court To State DGP

The Punjab and Haryana High Court has directed the DGP, Punjab to file an affidavit specifying what steps have been taken to ensure that the religion of the Accused, Victim, and witnesses are not mentioned in the FIR.

The bench of Justice Jasgurpreet Singh Puri was essentially dealing with a bail plea moved by an NDPS Accused when it noted that in the vernacular of the FIR, the expression 'Sardar' had been used.

Further, the Court took into account the orders passed by the Director General of Police, Punjab in March 2022, directing the police department to ensure that the religion of the person is not used/mentioned in the FIR.

Against this backdrop, the Court observed that despite the direction issued by the State DGP, the religion found a mention in the FIR, and therefore, the Court sought the affidavit of the State DGP and also asked the concerned Senior Superintendent of Police to remain present in the Court on September 20, 2022.

Our readers may note that on March 7, 2022, the State DGP issued the following circular:

"In furtherance to the above Circular, it is hereby directed that henceforth, the religion or caste of the accused, victim or witnesses shall not be mentioned in the FIR or other official documents prepared during the course of the investigation, except where the same is absolutely necessary e.g. in cases related to Section 153-A, Section 295- A of IPC, etc.".

It may be noted that in March 2019, putting an end to a 'colonial legacy' practice of mentioning caste status in criminal proceedings, the Punjab and Haryana High Court observed that the caste system is profoundly illogical and is also against the basic tenets of the Constitution.

We should, as a public policy, shun the caste system, remarked the division bench comprising Justice Rajiv Sharma and Justice Kuldip Singh while directing the Secretaries (Home) to the Governments of Punjab, Haryana, and Union Territory, Chandigarh, to issue instructions to all the Investigating Officers not to state/mention the caste of the accused, victims or witnesses in recovery memos, FIR's, seizure memos, inquest papers and other forms prescribed under the Code of Criminal Procedure, 1973 and Punjab Police Rules.

The court had made this observation while considering a criminal appeal in a murder case when it noticed that the police have used the caste of the accused/ witnesses as well as of the victim. The court said:

"This is not permissible. Mentioning of caste/status separately in the criminal proceedings is a colonial legacy and requires to be stopped forthwith. Right to dignity is a fundamental right and a basic human right. Human dignity is one of the basic features of the Constitution. The Constitution of India also guarantees a casteless and classless society. Segmentation of the society into groups cannot be determined by birth. All are born equal."

Read more about the Court's order here: We Should Shun The Caste System: P&H HC Bars Mentioning Of Caste In FIRs, Memos Etc

Case title - AMANDEEP SINGH @ DEEPA v. STATE OF PUNJAB

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