Caste in FIRs: HC issues notice to Punjab, Haryana
CHANDIGARH: Punjab and Haryana high court has sought a response from Punjab and Haryana governments and the UT administration, Chandigarh, in public interest litigation (PIL) seeking deletion of column mentioning caste in various forms and first information reports (FIRs).
The division bench of the high court comprising justice SS Saron and justice Darshan Singh has issued notices for May 25 on the petition of advocate petitioner HC Arora who had sought directions to three respondents to ask all its investigating officers under their control that they must not mention the caste or religion of the accused, victim or witnesses in recovery memos, FIRs, seizure memos, inquest papers and other forms prescribed under the Code of Criminal Procedure, 1973, as well as under the Punjab Police Rules,1934.
The practice was totally in conflict with the letter and spirit of various provisions of the Constitution of India, including its basic structure. These provisions were totally outdated, which were made before the Constitution of India came into force, the petitioner advocate has argued further stating that these provisions are not in accordance with the provisions contained in the parent statute-the Code of Criminal Procedure, 1973.
Other alternative forms of identification, like mentioning aadahhr card number, house number, or ward number of the concerned accused, witness or victim may be utilized by concerned officers, Arora had argued.