The National Commission for Scheduled Castes (NCSC) on Monday issued a notice to the Chennai Police Commissioner, seeking a detailed report in connection with a complaint filed by a senior IAS officer in the rank of Additional Chief Secretary, who claimed that the Virugambakkam police had refused to accept his complaint and had declined to register an FIR.
On receiving a complaint from the IAS officer, Jagmohan Singh Raju, who belongs to a Scheduled Caste (SC) community and is currently serving as the Commissioner of Land Reforms, the NCSC decided to investigate the matter. It directed the Chennai Police Commissioner to submit all the facts and information on the action taken regarding the complainant’s allegations within two days of receipt of the notice.
According to the complaint sent to the NCSC, the IAS officer visited the Virugambakkam police station on Sunday afternoon to register a complaint alleging the commission of cognisable offences, punishable under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989/2018 and the Indian Penal Code. But the police refused to register an FIR.
Though the process of registration of the FIR was initiated, the police subsequently refused to do that, and the officer could not get a copy of the FIR even after a long ordeal, which lasted till 7 p.m. on Sunday. Even after Sections 4 and 18 A of the SC/ST (PoA) Act were cited, the FIR was not registered, and hence the complaint to the NCSC.
‘Powerful positions’
The accused in the case were “occupying powerful positions and there was a high probability that they might misuse their influence and clout to even prevent the registration of FIR and investigation and interfere with investigations”, the complaint submitted to the NCSC contended.
Though Section 4 of the Act provided for the duties of the police while registering an FIR, they failed to perform their duties, the complainant alleged.
As per Section 18 of the Act, a preliminary inquiry shall not be required for registration of FIR against any person.
Court verdict
A Constitution Bench of the Supreme Court had, in Lalita Kumari Vs Government of Uttar Pradesh, held that the registration of FIR was mandatory under Section 154 of the Code of Criminal Procedure (CrPC) if the information disclosed the commission of a cognisable offence, and no preliminary inquiry was permissible in such a situation.
It may be recalled that earlier this month, Mr. Raju issued a legal notice to the Department of Personnel and Training (DoPT) to initiate action to remove the Central Vigilance Commissioner (CVC) and register an FIR against him under the Act. Though the NCSC and the Delhi High Court delivered verdicts in his favour, the authorities did not implement the directions.