Sunil Kothari
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KP Saikiran, January 9, 2021: The Times of India
FIR against govt staff in Kerala only after probe
In an order that seeks to interpret the law separately for government servants and common citizens, Kerala police chief Loknath Behera issued an advisory to all officers asking them to register criminal cases against government servants only after conducting a preliminary inquiry in which their explanation is also sought, reports KP Saikiran.
The instructions, which supersede provisions contained in criminal procedure code, were told to be followed in the case of ‘non-specific allegations’ against government and PSU employees.
“If a non-specific complaint is received against a government employee, it must be inquired into before registering a criminal case,” said the advisory.
KERALA ADVISORY TO COPS
‘During probe, must take staffer’s version into consideration’
It is desirable that in such cases, a verification or a preliminary inquiry is conducted before registering a formal FIR. During inquiry, the government servant or PSU employee must be examined and his/her explanation must be taken into consideration,” says the advisory, which was addressed to all district police chiefs, SHOs and other unit heads last Tuesday. It said several government servants, during the discharge of their duties, ‘might have done something, which is neither mala-fide, nor with any personal interest, but may have affected some other persons’. It said when cases are registered on the basis of such complaints, it is likely to adversely affect their reputation or career. Legal experts cited the instruction as “grossly illegal”.
As per CrPC Section 197, protection is provided to government employees at the stage of prosecuting them after a probe, and is not applicable while registering an FIR.
