FIRs borrowed from movie scripts: Allahabad High Court slams UP Police in cow slaughter cases

The Allahabad High Court pulled up the Uttar Pradesh Police for filing what it described as a “movie script” first information report (FIR) in a cow slaughter case [Aleem vs. State of UP]. .A Bench of Justice Abdul Moin and Justice Babita Rani flagged dramatic dialogues, cinematic gunfire descriptions and glaring inconsistencies in the FIR and questioned whether the Uttar Pradesh Police were drafting FIRs based on actual events or merely reproducing dramatic lines lifted from movie scripts."The police personnel are either having a script in front of them and they are adopting it with a few minor changes here and there or else something is seriously wrong with the police personnel wherein such FIRs are being lodged left and right which appear to be borrowing the words from movie scripts. We need not say anything more at this stage,” the Court noted. The Court stopped short of making further observations but made it clear that the pattern was disturbing..The Court was hearing a petition filed by one Aleem challenging an FIR registered on January 2 at Tadiyawan Police Station in Hardoi district. According to the FIR, the Station House Officer (SHO) received a video allegedly showing cow slaughter. While watching the video, he was informed by a secret informer that the person seen in it was a known cow smuggler who had previously committed similar offences and was about to commit another such offence nearby.The police team then allegedly rushed to a semi-constructed house identified by the informer. As they approached, someone was heard shouting:“Police aa gayi hai, bhago.” (the police has come, run)Another voice allegedly warned:“Police wale bina mare peecha nahi chodege.” (police won't leave us without killing us). The FIR then narrates that a shot was fired at the police party and that a Sub-Inspector narrowly escaped, with the bullet passing so close that:“Kaan ke paas se sann se goli nikal kar gayi.” (bullet whizzed past the ear). The SHO is said to have fired back from his service revolver, after which someone allegedly cried out:“Haye goli lag gayi.” (Ouch, a bullet hit me). .The police then found one injured person on the ground who identified himself as Edu. He allegedly admitted that they had brought progeny of a cow for slaughter and claimed that others including Aleem had fled.The recovered cattle were handed over to a private individual in another village.Meanwhile, the FIR was challenged by Aleem before the Allahabad High Court. .The High Court said that the language and sequence in the FIR raised serious doubts. It recalled a similar FIR in another cow slaughter case where nearly identical dialogues and descriptions were used by the Police. In that case, the same Bench had criticised another FIR which it said read like a film script. That FIR had recorded that at 10:45 am, accused persons were heard saying “Ujala hone wala hai” (it is about to dawn), even though the incident was allegedly in broad daylight.The Court had said the allegations were “fanciful and highly exaggerated” and referred to the Supreme Court’s judgment in State of Haryana v. Bhajan Lal, which permits High Courts to quash FIRs that are absurd or inherently improbable..In the present case, the Court noted that the only person who allegedly fired at the police was the injured accused himself. There was no clear allegation showing how Aleem was involved in firing or in any act under the Arms Act or the BNS.Another strange aspect flagged by the Court was that the recovered cattle were handed over to a private individual living at a considerable distance from the spot. The Court questioned under what legal provision such custody was given.It then observed that on a prima facie reading of the FIR none of the offences under the Cow Slaughter Act, the BNS or the Arms Act appeared to be made out against the petitioner..Finding the FIR riddled with infirmities and incongruities, the Court directed the Senior Superintendent of Police of Hardoi to file a personal affidavit explaining the lapses within three weeks. It warned that if the affidavit is not filed, he must appear in person with the records.It granted interim protection to Aleem, directing that no coercive action be taken against him till the next date of hearing. .[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.