Refusal to lodge FIR: Odisha rights panel asks SP to probe case ‘personally’

Odisha Sun Times Bureau
Bhubaneswar, Aug 20

The Odisha Human Rights Commission (OHRC) on Tuesday directed the Superintendent of Police (SP), Bhadrak to personally inquire into the allegation by a complainant that local police repeatedly refused to lodge an FIR filed by him and file a report with the Commission within a month.

Expressing serious concern over the alleged refusal, OHRC specifically asked the SP, Bhadrak to personally inquire into the incident and not assign it to a subordinate.

In its order, the OHRC said, “While rejecting the report of the Superintendent of Police, Bhadrak dated July 26, 2014, he is called upon to inquire into the matter himself and submit his report on the points raised by the Commission in this order”.

One Sudarshan Kamila, having a shop at the Basudevpur market in Bhadrak district, had lodged three complaints with the Basudevpur police station that some people had beaten him up and had ransacked his shop, but no action was taken by the police.

Frustrated after being rebuffed repeatedly by the local police, Sudarshan, through human rights activist Akhand, knocked on the doors of the OHRC following which the commission sought a report from SP Bhadrak in the matter.

The SP Bhadrak, in his report, submitted before the commission that the allegations of the complainant were untrue.

After hearing the complainant, the commission rejected the SP’s report and said; “The report of the SP Bhadrak appears to be very cryptic in nature and has drifted away from the real allegations of the petitioner”.

Drawing the attention of the SP to several Supreme Court orders, the Commission said; “Time and again, the Apex Court of the country has reiterated that provisions of section 154 of the Code of Criminal Procedure is mandatory in nature and no police officer shall refuse to register a case if the FIR discloses commission of a cognizable offence. He is duty bound to register a case and if he fails to discharge his statutory duty, the concerned police officer is liable for action”.

The Commission further stated in its order that “The matter shall not, under any circumstances, be entrusted to either the SDPO, Basudevpur or any other officer may be of the rank of Addl. SP or DSP for inquiry”.

The OHRC has fixed September 30 as the next date of hearing in the matter.