Also read the related stories in Times of India as follows:
Cops are delaying FIRs: HC
12 Jun 2008, 0230 hrs IST, A Subramani,TNN
CHENNAI: In a severe indictment of the state police force, the Madras high court on Wednesday said the central crime branch (CCB), a high-profile wing of the department, was taking bribes from both complainants and the accused and "making a mockery of law and order enforcement" by delaying registration of cases.
Rejecting an anticipatory bail plea in an economic offence case, Justice R Regupathi questioned the crime branch's inability to quickly file cases against suspects and conduct an investigation.
He said whenever a cognizable offence was brought to the crime branch's knowledge; officers used it as an opportunity to wheedle bribes from both complainants as well as the accused by delaying the registration of an FIR (first information report). The delay was proving detrimental to the case, the judge said.
The present case pertained to a loan of Rs 25 lakh obtained by S Kalaiselvi, who submitted her property documents as collateral security to a bank. After a complaint was lodged in the CCB here, she approached the high court for anticipatory bail.
Predictably, the government advocate informed the court that the CCB was holding a "petition inquiry" on the matter. This prompted the judge to make the observations after dismissing the anticipatory bail petition.
When a serious cognizable offence is brought to the notice of the police, it is their responsibility to register an FIR and not embark on "panchayats" or a "petition inquiry", Justice Regupathi said. "It has been repeatedly held by the Supreme Court and this court, that if a cognizable offence is made out at the first sight, it is the bounden duty of police officials to register a case and investigate it."
"Unless the City Commissioner of Police and DGP take serious note of the practices of the CCB, which handles cases of grave nature, enforcement of law and order will become a mockery," Justice Regupathi observed. He hoped the authorities concerned would take note of the court's observations and rein in the crime branch units in the city and the districts.
In a hard-hitting order, Justice Regupathi said such dubious practices were taking place right under the nose of the commissioner of police, in whose office premises the CCB wing is located.
Also read the related stories in THE NEW INDIAN EXPRESS as follows:
Judge hits out at corrupt cops
Thursday June 12 2008 09:12 IST
Express News Service
CHENNAI: The Madras High Court has castigated the Crime Branch police for accepting bribes from the accused to delay registration of cases against them.
It had been repeatedly held by the Supreme Court and this High Court that if a cognisable offence was made out, it was the bounden duty of the police to register a case and investigate it. However, they refuse to register the case.
They conduct panchayats at various levels in police stations, receive bribe from both the parties and ensure that such complaints were kept pending, so the accused could move the court and obtain orders in their favour. Justice R Regupathi made these observations while refusing advance bail to one Kalaiselvi of Chennai.
Viduthalai Chiruthaigal Katchi (VCK) leader Thol Tirumavalavan has moved the Madras HC with a public interest writ petition challenging the initiation of SC/ST students to preparatory course for admission to B.Tech course in the Indian Institute of Technology, Madras.
And the First Bench comprising Chief Justice AK Ganguly and Justice FM Ibrahim Kalifulla ordered notice to the respondents, including the Union Ministry of Human Resources Development, returnable in a week.
The First Bench of the Madras High Court has directed the Nilgiris District Collector and the Deputy Director (Mines) to appear before it with records relating to illegal mining in the hill station, on Monday (June 16).
The bench comprising Chief Justice A K Ganguly and Justice FM Ibrahim Kalifulla gave the direction on Wednesday, while passing further interim orders on a public interest writ petition from ‘In Defence of Environment and Animals.’