PIL Against Fee For Downloading FIR On 'Punjab Police Sanjh Portal', High Court Seeks Clarification On Existing Charges
The Punjab and Haryana High Court on Wednesday (April 1) asked two lawyers–who have filed a PIL challenging levy of Rs. 80 service charge for downloading FIR copy, to inform that since when is Punjab government charging the existing facilitation.
The court was hearing a PIL moved by two advocates–Abhishek Malhotra and Vasu Ranjan Shandilya, challenging introduction of alleged "illegal" service charge of Rs. 80 for downloading FIR copies from the PP Saanjh Portal/App, even for the informant/complainant/accused.
The PIL challenges a Punjab Government's March 23 notification imposing Rs. 80 fee for downloading FIR copy and Rs. 100 for downloading Daily Diary Report (DDR), and Rs. 20 for downloading Lost Information Report copy on PP Saanjh Portal, and only a physical copy obtained from the police station is free of charge.
A divison bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry in its order noted:
"A pointed question was put to learned counsel for the petitioners as to since when the existing facilitation charges of Rs. 20/- for getting information regarding missing article/mobile and Rs. 50/- for obtaining copies of untraced reports in cases of stolen vehicle, road accident cases and theft cases, are being levied by the State of Punjab. Learned counsel for the petitioners could not respond to the said question and prayed for an adjournment".
The bench noted that the notification challenged by the petitioners has not been placed on the court's record. Directing the petitioners to place the same on record, the court listed the matter on April 23.
The PIL submits that the notification blatantly voiolates Section 173(2) BNSS (which mandates a free copy of FIR forthwith) and the binding directions of the Supreme Court in Youth Bar Association of India v. Union of India (2016) and Section 74 of BSA 2023 (FIR being a public document).
The plea submits that Punjab Police Rules, 1934 under Chapter XXIV, Rule 24.5 prescribes that maintenance of the FIR Register in Form 24.5(1) through the carbon-copy process. One of the copies is statutorily required to be supplied to the informant without any charge.The petitioners state that the Rules nowhere contemplate or authorise any fee for supply of FIR copy, whether at the police station or through any digital portal. Thus the notification is in direct violation of the Police Rules themselves.
The plea states that FIR is a public document and the Police cannot invent an extra "facilitation" or "convenience" fee for the digital version of a document that both statute and the Supreme Court mandates must be provided free.
Further the charges violates Articles 14, 19(1)(a) and 21 of the Constitution of India as access to FIR is an integral facet of the right to fair investigation, fair trial, and access to justice - all essential components of Article 21.
The plea thus seeks quashing of the notification issued by the Punjab Government and a further a direction to the State to forthwith restore free digital access to FIRs on the PP Saanjh Portal and ensure strict compliance with Section 173(2) BNSS, Rule 24.5 ofPunjab Police Rules, 1934 and the Supreme Court directions in Youth Bar Association case.
It also seeks a direction to refund the Rs. 80 illegally charged from Petitioner No. 1 on March 23 for downloading an FIR copy along with interest@ 12% p.a. from the date of payment.
Case title: Abhishek Malhotra and another v/s State of Punjab and another
CWP-PIL-76-2026
Counsel for petitioner: Advocate Abhishek Malhotra
Counsel for respondent: Senior DAG Punjab, Salil Sabhlok