High Court Raises Concerns Over Mentioning Religion in FIRs

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LI Network

Published on: 10 September 2023 at 16:30 IST

The Punjab & Haryana High Court has expressed its serious concern regarding the practice of mentioning an individual’s religion in First Information Reports (FIRs) by the Haryana Police, deeming it a significant issue.

Justice Jasgurpreet Singh Puri’s bench noted a similar issue that arose in Punjab last year. In response to that situation, the Assistant Inspector General of Police and Punjab Director General of Police (DGP) had submitted affidavits, assuring that henceforth, the religion of an individual would not be included in FIRs.

Furthermore, the Punjab DGP had issued a Circular explicitly stating that religion or caste information of the accused, victim, or witnesses should not be included in FIRs or other official documents during the investigation process, unless absolutely necessary, such as in cases related to Section 153-A or Section 295-A of the IPC, etc.

However, the High Court lamented that there has been no improvement on this front concerning the State of Haryana. Consequently, it directed the DGP of Haryana to submit an affidavit detailing the corrective measures that will be taken to address the situation.

These concerns were raised in the context of a bail plea submitted by a woman accused in a financial dispute.

The matter is scheduled for further proceedings on September 18, when the affidavit is expected to be filed.

It is worth noting that in March 2019, the Punjab and Haryana High Court had put an end to the practice of mentioning caste status in criminal proceedings, considering it a “colonial legacy” that goes against the basic principles of the Constitution and is fundamentally illogical.

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