Disha Case : Judicial Commission Faults Police For Not Registering FIR On Woman Missing Complaint Citing Lack Of Jurisdiction

In relation to the alleged encounter killings of the accused in the gang rape and murder of a 26-year-old veterinary doctor(Disha case), the judicial enquiry commission appointed by the Supreme Court has found fault with the Telangana police for refusing to register the FIR, when the parents of the victim had complained about her missing.The Commission noted that the police turned away the victim's parents citing lack of territorial jurisdiction. Around 10.30 PM on November 27, 2019, after the victim (given the name Disha) went missing, her sister and parents approached the RGIA Police Station. The police did not register the FIR claiming that they did not have jurisdiction and directed them to approach Shamshabad Rural Police Station. The relatives then searched the nearby areas and went to Shamshabad Rural Police Station where finally at 3 AM on November 28, 2019, the complaint was registered as a woman missing case.The Commission has concluded that Order 409 (3) of the Andhra Pradesh Police Manual was not followed in Disha's case. The order 409(3) mandates: Information relating to the cognizable offences should be registered even if they are presented in a police station not having jurisdiction.Such registration should not be refused on the point of jurisdiction.After registration, the FIR should be transferred to the concerned police station.It may be noted that, back in 2019 when the unfortunate incident had taken place, the kin of the victim had reportedly alleged that the police had wasted precious time which could have been used to save her.The Cyberabad police commissioner had also suspended three cops of Rajiv Gandhi International Airport (RGIA) police station, including a sub-inspector for their alleged inaction.According to the Commission's report, the Government has since issued circular mandating strict compliance with order 409(3). In addition to strict compliance with the order, the Commission has recommended that an exception be made in respect of the information received of offences against women or children.The report stated : "Order 409 (3) of the Andhra Pradesh Police Manual mandates that information relating to the cognizable offences should be registered even if they are presented in a police station not having jurisdiction and such registration should not be refused on the point of jurisdiction and after registration, the FIR should be transferred to the concerned police station. However this provision does not authorize such Police Station to start with the investigation into the information relating to the offence presented to it. It is seen that Order 409(3) was not followed in the case of Disha. The Commission is informed that the Government has since issued circular mandating strict compliance with order 409(3). In addition to strict compliance with the order, the Commission recommends that an exception be made in respect of the information received of offences against women or children. Whenever information relating to cognizable offences committed against women or children is received by any police station not having jurisdiction, it should not only register the complaint but also start the investigation immediately. It shall later handover the further investigation to the regular police station".The Commission also found that the encounter killings were staged and that the police version that the 4 accused snatched away the pistols from officers and ran way was "concocted". The Commission has therefore recommended that 10 police officers should be tried for the murder of the 4 accused, 3 of them who were found to be minors.The Hyderabad case was not the first case concerning inaction on part of police authorities for registration of complaints of offences against women.After the 2012 gang rape and murder case, the Justice Verma Committee had recommended the provision of a Zero FIR, which is the FIR which is registered at the Police station where the information about a Cognizable Offence is received, irrespective of whether it has got territorial jurisdiction or not.The Justice VS Sipurkar Commission constituted in the present case has recommended that whenever information relating to cognizable offences committed against women or children is received by any police station not having jurisdiction, it should not only register the complaint but also start the investigation immediately. It shall later handover the further investigation to the regular police station.Other Recommendations by Commission: The commission has also made some other recommendations with regard to the criminal justice system and enforcement of legal provisions:Separate wings of Police be maintained for investigation and for maintenance of Law and Order.Mandatory Compliance of the Constitutional and statutory requirements during arrestVideo recording of all the investigative processes - The investigative processes such as arrest, service of notice of arrest, crime scene observation, inquest, forensic...

Disha Case : Judicial Commission Faults Police For Not Registering FIR On Woman Missing Complaint Citing Lack Of Jurisdiction

Srishti Ojha

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