New Delhi: Congress leader Rahul Gandhi sat on strike at Parliament Street police station in Delhi on Friday. They are demanding an FIR over the alleged use of pellet gun on student Sahil Lochab during the CJP protest on July 20. Rahul alleges that Delhi Police is not registering FIR, in such a situation the big question is whether the police can legally refuse to register FIR.
What does the law say, can the police refuse the FIR?
In Indian law the answer is almost 'no'. Under Section 173 of BNSS 2023, if the complaint reveals a cognizable offence, i.e. a serious offense in which the police can arrest without warrant, then it is not the discretion of the police to register an FIR.
This responsibility is fixed by the Supreme Court's 2014 decision Lalita Kumari vs. UP Government. The court had said that if the information constitutes a serious crime then the police will have to register an FIR.
Gave complaint, did not even get I/O number – Congress alleges
According to Congress sources, Sahil was injured in the eye and stomach by pellet gun and underwent surgery at AIIMS Trauma Centre. He gave a written complaint through lawyers on August 14, but he was not even given the number of the investigating officer.
Contact was made again by email and phone on 17th August, but neither I/O number received nor acknowledgment given. Therefore Rahul Gandhi went to the DCP office with the victim.
What do lawyers say, if there is no FIR then what is the option?
Advocate Avishkar Singhvi said that once the complaint constitutes a cognizable offence, the police generally do not have the option to refuse the FIR. Under Section 173(3) of the BNSS, the police can conduct preliminary investigation only in cases involving a punishment of 3 to 7 years.
If the police refuses to file an FIR, the complainant can approach a magistrate under Section 175(3) of the BNSS, which was earlier Section 156(3) of the CrPC. Congress leader Salman Khurshid also said that the cognizable complaint should be converted into FIR.
There will be an FIR, there will also be a judicial inquiry – Rahul Gandhi's statement
Rahul Gandhi wrote on X that Sahil wants to lodge an FIR for justice, but he is not being allowed, thus the Constitution is being trampled. Amit Shah ji, why are you so afraid of justice? This fear shows that you are admitting a crime.
FIR will be registered, judicial inquiry will be conducted and action will be taken against everyone responsible from top to bottom for this barbarity. Rahul first went to Mandir Marg police station, when his demand was not accepted, he met the DCP at Parliament Street police station. When things did not work out, they sat on strike there.
What do the police and the Supreme Court say?
Delhi Police sources said the victim's complaint will be sent to the Crime Branch, which is investigating all the July 20 cases, and action will be taken as per law.
The Supreme Court has recently formed a 5-member committee headed by Justice R Subhash Reddy to investigate the allegations of police excesses and violence against student protesters, which will also investigate the use of pellet guns.