FIR Must Be Registered if Cognizable Offence Made Out; Alternative Remedy Not Absolute Bar to HC Jurisdiction; Investigators Too Can Be Investigated: SC
Read more: https://lawtrend.in/fir-must-be-registered-if-cognizable-offence-made-out-alternative-remedy-not-absolute-bar-to-hc-jurisdiction-investigators-too-can-be-investigated-sc/
Supreme Court Landmark Ruling – FIR Registration Mandatory
The Supreme Court of India has upheld the Delhi High Court’s direction for mandatory FIR registration when a cognizable offence is disclosed, making it clear that even investigators can be investigated.
This judgment is a historic safeguard for citizens, reinforcing rule of law, accountability, and human rights.
Dr. Anthony Raju’s Strong View
Dr. Anthony Raju, Advocate Supreme Court & Leading Criminal and Human Rights Defender, called this ruling a watershed moment in justice:
“This verdict is a loud declaration that no authority is above the law. When a cognizable offence is made out, FIR registration is not optional – it is mandatory. By holding that even investigators can be investigated, the Supreme Court has upheld the sacred principle of equality before law.
This is not only a victory for victims of police inaction but also a powerful protection of human rights under Article 21. Justice cannot be denied at the threshold. This ruling restores public faith in the judiciary as the ultimate guardian of rights and freedoms.”
Key Highlights of the Ruling
FIR must be registered when a cognizable offence is disclosed
Preliminary enquiries cannot block FIR registration
High Courts can intervene despite alternative remedies
Investigators too can be investigated for accountability
Delhi Police ACP-rank officer to probe within 3 months
Protection from arrest, subject to cooperation
Human Rights Perspective
Dr. Raju emphasized that denial of FIR registration equals denial of justice, and this ruling will protect victims in cases of:
Police inaction
Custodial excesses
False implication
Delayed justice
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