The Supreme Court has declined to directly entertain former Delhi Mayor Farhad Suri’s plea seeking registration of an FIR over an alleged midnight police operation at his Delhi residence. The Court instead granted him liberty to approach the jurisdictional police station through the statutory procedure available under the Bharatiya Nagarik Suraksha Sanhita (BNSS).
Background
Suri alleged that a large team of Ghaziabad Police reached his Nizamuddin East residence around 12:45 a.m. during the intervening night of August 22 and 23 while looking for journalist Abhishek Upadhyay.
According to the plea, the police initially stated that they were searching for a person connected with a double-murder case. Suri later claimed that he learnt the police action was connected with an FIR registered at Indirapuram in which Upadhyay was named.
Suri sought an FIR against the police officials, an independent investigation and safeguards governing searches by police teams operating across State borders.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana said that the request for registration of an FIR could be addressed through the regular legal mechanism.
The Court observed:
“If you want registration of an FIR against the police officers, that can very well be addressed. Why should we frame guidelines? In your case, you are wanting an FIR to be registered. You have a right to do that. Seek the specific mechanism, whatever is provided.”
The Bench also declined to issue broad guidelines concerning inter-State police operations.
The Supreme Court granted Suri liberty to approach the jurisdictional police station under Section 175(3) of the BNSS and disposed of the petition.
The Court stated that it had no reason to doubt that the competent authority would act in accordance with law.
-300x169.webp)