[Farmers Protests] Upload FIRs online so that representatives of accused don't have to run from pillar to post for obtaining copy: Delhi Court

Acknowledging the right of an accused to get the copy of the First Information Report (FIR) at the earliest, a Delhi court on February 8 asked the Delhi Police to clarify whether or not an FIR registered in connection with the violence that took place during the farmers' protests on January 26 has been uploaded online (State vs Deepak). .Metropolitan Magistrate Abhinav Pandey, Tis Hazari Court, who was dealing with an application by one of the accused persons seeking supply of FIR and other documents, ordered that FIRs should be uploaded online except in cases where any reasons have been communicated to the court for not doing the same..“Explanation/clarification be called from the SHO concerned and the DCP concerned, as to whether the present FIR has been uploaded on the website of the Delhi Police, along with the details regarding the date and time of uploading of the same..Needless to say, in all FIRs pertaining to the violence ensued in context of farmers’ agitation, registered at PS Nagloi, except where any reasons have been communicated to this court for not doing the same, the guidelines as laid down by Hon’ble High Court of Delhi shall be adhered to, and the FIRs shall be uploaded on the website of the Delhi Police, so that the representatives of the accused persons don’t have to run from pillar to post to obtain a copy of the same, so as to enable them to make an effective representation for availing their legal remedies..”.The Court, however, turned down the accused person’s prayer for supply of arrest memo, remand order and remand application..It opined that no ground is made out for arrest memo, remand order and remand application at this stage. .“..the police seems to be justified in not supplying a copy of the same to the accused at this stage, as it would virtually amount to ignorance of, and subversion of the provisions of Section 207 CrPC which envisages the supply of copy of chargesheet containing all these documents to the accused only after cognizance,” the order said. .The Court recorded that the checklist under Section 41 CrPC must have been duly perused by the Magistrate at the time of remand..The accused/applicant in the present case was in judicial custody in connection with FIR No 144/2021 PS Nagloi in the aftermath of the January 26 unrest during Farmers protests.The accused alleged violation of his fundamental rights for not receiving a copy of the FIR, arrest memo, remand application and remand order.Reliance was placed on the Supreme Court’s judgements in DK Basu vs State of West Bengal and Youth Bar Association of India vs UOI..Advocates Aadil Singh Bopari, Sumer Singh Bopari, Anurag Nasair, Gurlabh Singh appeared for the accused..[Read Order]