Mandatory FIR Registration in Alleged Fake Encounter Cases | 10 Aug 2024
The Delhi High Court has ruled that a first information report (FIR) must be mandatorily registered in
cases of alleged fake encounters, reinforcing legal accountability for police actions.
- Case Background: The petition was filed to challenge orders directing the registration of an FIR against
police officers involved in the death of a man during an alleged encounter.- Despite an SDM's inquiry report claiming police fired in self-defense, the court insisted on further
investigation to determine whether the encounter was genuine or a case of murder.
- Despite an SDM's inquiry report claiming police fired in self-defense, the court insisted on further
- Delhi High Court court cited the Supreme Court's ruling in Lalita Kumari vs. State of Uttar Pradesh, 2013, emphasizing that an FIR must be registered if a complaint suggests a cognizable offence, even if it may eventually lead to a closure report rather than a charge sheet.
- The court highlighted the National Human Rights Commission's 1997 letter to Chief Ministers, stressing the need for proper investigation of extrajudicial killings by the police.