SC dismisses PIL on directing Centre to provide copy of FIR within 24 hours

The Supreme Court on Thursday declined to consider a PIL seeking a direction to the Centre to issue orders to provide copy of FIRs through electronic and physical means to the accused within 24 hours of filing, in view of the prevailing Covid-19 pandemic.

A bench of Justices Ashok Bhushan, R Subhash Reddy and M R Shah rejected the plea by Kolkata-based social activist, Avishek Goenka saying there were already enough directions for it.

Goenka, for his part, contended the top court's direction issued in Youth Bar Association Versus Union of India (2016) for making a copy of FIR available to the accused required reconsideration in view of the current situation.

Under the provisions of Disaster Management Act, the central government can issue mandatory directions to state government on providing a copy of the FIR along with a copy of the complaint, to accused persons in a time-bound manner, he said.

In 2016, the Supreme Court had directed providing of a copy of the FIR to the accused within 24 hours. The application in this regard can be made before the concerned police station or the magisterial court.

"With the closure of courts of jurisdictional magistrate due to pandemic, the accused persons are left in lurch and are at mercy of the police for the copy of FIR along with a copy of the complaint. Non availability of a copy of FIR along with a copy of the complaint, effectively curbs the fundamental rights of such persons," Goenka pointed out.