High Court Raps Punjab Police For Mentioning Religion In FIR Despite DGP Assuring In Affidavit Not To Mention It

The Punjab & Haryana High Court has pulled up Punjab state police for mentioning the religion in the FIR despite giving assurance for not repeating the same, a year ago.

While noting that the expression 'Sardar' had been used in an FIR which connotes religion, Justice Jagurpreet Singh Puri recalled that the Court has already taken a serious note with regard to the same not only for the State of Punjab but also for the State of Haryana.

The Court further highlighted that the Director General of Police, Punjab had also filed an affidavit in 2022 before this Court that henceforth religion will not be mentioned in the FIRs, however, in the present FIR, which was lodged in the year 2023, the religion of the accused had been mentioned.

Adding that several times even though it was assured to the Court that such kind of things would not be repeated the same has been repeated, the Court said, "Let this order be brought to the notice of the Director General of Police, Punjab and also the SSP concerned."

These observations were made while hearing a plea under Section 439 of the Code of Criminal Procedure for the grant of regular bail to the petitioner in an FIR under Section 21 (c) of the NDPS Act.

In 2019, the High Court took a strong stand against the separate mention of caste in FIRs, referring to it as a 'colonial legacy'.

"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."

In 2022, following the High Court's directive to the DGP, Punjab, an affidavit was submitted specifying the steps taken to ensure that the religion of the accused, victim, and witnesses is not mentioned in the FIRs.

Recently after facing Court's wrath Haryana DGP also had submitted an affidavit before the Punjab & Haryana High Court, ensuring that directions have been issued not to mention the religion of the informant, complainant, victim, and suspect in the First Information Report (FIR), except in situations that are explicitly incorporated.

Appearance: G.S. Bajwa, Advocate, for the petitioner.

Gurdarshan Singh Sidhu, AAG, Punjab.

Citation: 2023 LiveLaw (PH) 284

Title: Gurnishan Singh @ Shano Nihang v. State of Punjab