Allahabad High Court Questions 'Fanciful' FIR in Cow Slaughter Case, Seeks SP Explanation
The Allahabad High Court has issued a significant directive to the Superintendent of Police (SP) of Bahraich district, demanding a detailed explanation for what it termed as "inconsistencies" in a First Information Report (FIR) filed in a cow slaughter case. The court's bench, comprising Justices Abdul Moin and PK Srivastava at the Lucknow bench, expressed serious concerns about the drafting of the complaint, suggesting that judicial intervention might now be necessary to curb what it described as "fanciful and highly exaggerated" complaints.
Court Grants Protection to Petitioner, Sets Deadline for SP
In a decisive move, the bench granted protection from arrest to the petitioner, Akbar Ali, who had challenged the FIR registered on 22 January at Jarwal Road police station in Bahraich. The court emphasized that if the Superintendent of Police fails to file a personal affidavit clarifying the issues raised, he would be required to appear in person with the complete case records. This matter has been scheduled for a hearing on 16 March, following an order passed on 16 February on a writ petition filed by Mr. Ali.
Details of the FIR and Court's Scrutiny
According to the FIR, police acting on a tip-off arrested three individuals on allegations of cow slaughter and attempt to murder. While three suspects were detained at the scene, a fourth person allegedly fled. Akbar Ali's name was later added to the case based on statements made by the arrested individuals. However, during its examination, the bench identified glaring inconsistencies in the FIR.
The court noted that the FIR recorded the incident as having taken place at 10:45 am. It further stated that when police arrived, the accused were heard saying they should flee as "it was going to be dawn." The bench questioned the logic of this, asking how "dawn was to break at 10.45 am," highlighting a clear discrepancy in the timeline.
Court Criticizes 'Scripted' Language in FIRs
Expressing deep concern over the drafting of the complaint, the judges observed that the language used in the FIR does not reflect the ground reality. Instead, it appears to be hearsay, scripted, and heavily borrowed from movie scripts, making it fanciful and highly exaggerated. The bench referred to what it described as routine remarks in the FIR, saying these resembled lines from a film script rather than factual reporting.
The judges stated: "Time and again this court has pointed out that the language being used in the FIRs does not reflect the ground position, rather appears to be hearsay, scripted and appears to be heavily borrowed from the movie scripts and is fanciful and highly exaggerated one."
Judicial Intervention to Curb Exaggerated Complaints
In a strong statement, the bench added: "Time has come for the courts to now step in and put a check to the fanciful and highly exaggerated FIRs which are being lodged by the authorities, of which the case in hand is a blatant example." This observation underscores the court's growing frustration with what it perceives as a pattern of exaggerated complaints in legal proceedings, particularly in sensitive cases like cow slaughter.
The court's directive to the Bahraich SP to provide a personal affidavit or appear in person with case records signals a firm stance on ensuring accountability and accuracy in police reporting. This case highlights the judiciary's role in scrutinizing law enforcement actions and maintaining the integrity of legal processes.
