The court's reaction came in response to a petition filed by a couple seeking quashing of a counter FIR against them by some anti-social elements
Taking a strict view of the harassment faced by people while seeking police protection, the Gujarat High Court has held that police should not force people to run from pillar to post, especially when it is approached for protection. While criticising the police for being insensitive, the court held: "It is the duty of every police officer to receive the complaint and if there are internal mechanisms, whereby he is not authorised to grant certain permissions, let that be worked out internally by the officer concerned rather than sending the common man from pillar to post."
The court's reaction came in response to a petition filed by a couple seeking quashing of a counter FIR against them by some anti-social elements, after they had filed a complaint against them in Gaikwad Haveli police station for assault to deter public servant from discharging his duty, voluntarily causing hurt, and uttering obscene words in public. The petitioners pointed out that they had addressed a communication to DCP Zone 3, Sherkotada, Ahmeda-bad, to take necessary action against these persons to enable them to stay in their residence. However, no response was received from an officer.
Following this, the court summoned in-charge of Gaikwad Haveli police station, who informed that no application for police protection had been given. He also clarified that even otherwise, the application has to be addressed to the Ahmedabad police commissioner as he is authorized to grant such protection in case of any citizen.
This irked the court which criticised the police for its insensitivity. It cited Supreme Court's directions regarding FIRs where the apex court has directed every police officer to register the complaint with zero number and then forward the same to the police station having the jurisdiction to lodge and investigate the complaint.
Eventually, when the court delved deep into the issue, counsel for the state government clarified that the persons against whom the couple had filed the FIR have criminal antecedents and one of them is already behind bars. Following this, the court immediately ordered police protection for the couple. The court also held that the complaint against the couple was nothing but a "sheer abuse of process of law" and was filed against them to dilute the gravity of the FIR filed by the couple and to put them on a back foot. The court eventually quashed the FIR and the consequential proceedings.
PLEA QUASHED
The court’s reaction came in response to a petition filed by a couple seeking quashing of a counter FIR against them by some anti-social elements, after they had filed a complaint against them in Gaikwad Haveli police station for assault to deter public servant from discharging his duty, voluntarily causing hurt, and uttering obscene words in public.
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