Judicial Justice of the Peace First Class (JMFC) Ravi of the Patiala Home Courts directed the police to provide the FIR copy to Chib.
Notably, the Delhi Police had opposed the provision of a duplicate to the accused, arguing that it was delicate in nature.
Nevertheless, the Court docket mentioned that mere categorisation by the police of a case as delicate isn’t sufficient to disclaim the copy of the FIR. The character of offences should be examined by the court docket, Choose Ravi added.
He mentioned that the case towards Congress staff stems from a symbolic protests “missing hallmarks of terrorism/insurgency” and that denial of FIR copy would violate Articles 21 and 22 of the Indian Structure.
“Thus, it doesn’t qualify as delicate; IO’s [Investigating Officer’s] declare is untenable. Denial of FIR copy violates statutory mandate u/s 230 BNSS and constitutional safeguards underneath Article 21 (truthful process) and Article 22 (immediate info on arrest grounds). Applicant can’t put together bail/defence with out foundational doc, inflicting irreparable prejudice. Provide poses no investigation threat, particularly post-transfer to Crime Department,” the Court docket concluded.
