Complaints as FIR? A potent weapon for Character Assassination?

New Delhi, Dec. 28:

In the wake of the shocking revelation that the Haryana Police did not register an FIR in the Ruchika Girhotra molestation case for eight long years, the Union home ministry has decided to direct states to ensure that all complaints received by police stations are treated as FIRs.

In a related development, the government is contemplating a move wherein winners of police and gallantry medals can be stripped off their award if they are convicted by the courts in any case.

The home ministry has initiated a move to strip former Haryana DGP S.P.S. Rathore of the police medal awarded to him despite the molestation charges against him. He has been asked why he should not be stripped of his medal.

The former Haryana IPS officer, Mr R.K. Sharma, serving a life sentence in the Shivani Bhatnagar murder case still has a President’s police medal, a home official said.

It was in 1990 that Ruchika, then only 14, was molested by Rathore. The traumatised teenager committed suicide in 1993 following unabated harassment of her and her family by Rathore. Yet, the FIR in connection with the incident was registered only in 1999, six years after her death.

Ruchika’s family members have alleged that when they went to lodge a complaint against Rathore, then a senior police officer in Haryana, police initially refused to register an FIR. Besides, police refused to register a case when Ruchika’s brother was allegedly harassed by police on false charges. According to sources, the home ministry has now decided to issue a circular to state governments and UTs asking them to ensure that all complaints received at police stations are treated as FIRs. While there have been many complaints over the years by members of the public regarding the reluctance on the part of the police to register FIRs, the Ruchika case has finally spurred the home ministry into being pro-active on this front.

“The circular, to be issued next week, will direct state governments and Union Territories to ensure free and total registration of all complaints as FIRs”, said ministry sources.

The Centre is considering bringing about amendments in the Criminal Procedure Code and making it mandatory for the station house officer (SHO) who heads a police station to give reasons for registration as well as non-registration of a case after receiving a complaint. According to sources, the objective will be to ensure that even if a complaint is false, police won’t be able to escape responsibility where a probe is concerned once an FIR is registered.

The Centre is likely to take a decision on withdrawing medals if an officer is later found guilty in cases registered against them. The new policy is likely to be one that will lead to the automatic revocation of police and gallantry medals awarded to officers if they are convicted by a court. The rules are likely to be formalised when a high-powered awards committee headed by the home secretary, Mr G.K. Pillai meets here on January 4. Said a home ministry official, “Any IPS officer convicted by a court should be stripped of his medal. The awards committee will look into all relevant issues and take a decision,” the official added.