In response to this analytical post by Victor .
Actually, the entire system is flawed . Police register FIRs as per their whims and fancies and depending on what they are getting ( and from whom ) . One may see nothing wrong with the latest circular ( I cannot call it a directive) purportedly issued by the Home Affairs to the States to ensure that each and every complaint is treated as a FIR and registered accordingly . I recall that even the SC had done that quite sometime ago, so one has to wait and watch how the States would act this time . But all this apart, the system is corrupt to the core . Whatever rules may be prescribed and whatever amendments may be made in the CrPC, there will always be an element of discrection available to the Police to register FIR or not, or to make an arrest thereafter or not , leading to continued corruption and derailmnent of justice . The solution does not lie with issue of fresh "farmans" or amendments in the CrPC . 157(1) describes all the procedures quite clearly, that have been reiterated by Justice M N Venkatachalliah of SC in Joginder Kumar v/s State of UP and Ors .(1994) and Justice Markandeya Katju ( Judge at Allahabad High Court as he then was) writing on behalf of the Bench in Criminal Misc. Writ Petition No.4861 of 2000 titled Ajeet Singh alias Muraha Vs. State of U.P. and others(2004 ) . The need of the hour is to ensure that all these acts/procedures/rulling and directions are adhered to scruplously by the law enforcers . Dr Arun Agrawal > Friends: > We have a number of contra-constitution provisions like Single Point Directive, Anticipatory Bail, etc. that provide extra-constitutional protection to the powerful and mighty, and discriminate against the ordinary citizen. > When there is a prima-facie case made out by way of FIR against any person where the concerned authorities need to take into custody and investigate such persons, why should he have the protection of Anticipatory Bail? I mean, is it not contrary to the needs of law that the person can evade his arrest / interrogation because he can put together the resources to apply for Anticipatory Bail? > I think there is no civilised nation that has such provisions like Anticipatory Bail on its books. However, what they do have is a very stringent pre-arrest criteria to be fulfilled before an (any) arrest can be made. Such a sysytem is non discriminatory and does not make mockery of the justice system. There is all the more reason in a 23rd world and banana republic .... I mean mango republic country like ours to do away with such extra-constitutional provisions and bring to account all, not just the under dog. > Victor. >
