TEAM HERALD
teamherald@herald-goa.com
MARGAO: The long drawn controversy over the debatable question whether a district magistrate can direct the men-in-uniform to lodge FIRS under the CrPC has come back to haunt the South Goa district authorities.
This follows the latest order issued by the South Goa district magistrate’s directing the men-in-uniform to lodge FIRs against landlords and tenants violating his orders on reporting their presence to the police stations
The men-in-khakhi had all along been maintaining that the district magistrate cannot direct the police to act any person for violation of orders issued under section 144 of the Criminal Procedure Code for the simple reason that the law cast responsibility on the person issuing the order or his subordinate to lodge the FIR.
And, this time it’s not going to be anything different, with the district Police Chief Shekhar Prabhudessai saying that the responsibility of filing the FIR rest on the official issuing the order under section 144 of the Cr P C. “Normally, the official issuing orders under section 144 of the Cr P C or his subordinate is required to file the FIR against any landlord or tenant violating the order. But, we examine the issue since the district magistrate has given the latest directions”, SP Prabhudesssai said.
A senior police officer in the know told Herald that the in-charges of police stations are only required under the law to lodge a complaint with the district collector, who issues the order under section 144 of the CrPC, against any individual violating the Magistrate’s order. “It is then for the district Collector to take a call after a preliminary inquiry whether to lodge an FIR against the violator with the police or not,” remarked the police officer.
What has bolstered the claim of the men-in-uniform is the fact that the Director of Prosecution in the past had given a clear cut opinion that the Police officers cannot lodge a FIR against any person found violating the Magistrate’s order.
That’s not all. Senior police officers maintained that around 2-3 cases which were chargesheeted by the police after lodging the FIR against the violators based on the Magistrate’s directions, did not stand in the court of law on technical grounds.
Incidentally, while the controversy over the question of filing FIRs against the violators rages, there’s no action forthcoming against the erring landlords and tenants for violating the Magistrate’s order with impunity.
