Haryana DGP to HC: Impossible not to mention religion of accused in FIRs & proceedings

CHANDIGARH: The Haryana DGP has made it clear that it would not be possible for the state police not to mention the religion of the suspect/accused/informant in all the FIRs or police proceedings pertaining to any criminal case. The DGP, however, has issued an order to field staff in the state not to mention the religion of suspect/accused/informant in the FIRs/police proceedings, except in specific criminal matters.
The matters in which the state police would continue to mention religion would include cases when an FIR is registered after receiving information/complaint from the informant/complainant and the religion of the suspect/accused or any other person is mentioned in the information/complaint, the same is required to be mentioned in the contents of the FIR.
Similarly, the Haryana police would continue to mention religion in cases when the FIRs are related to rioting and hurting religious sentiments and are registered under Section 153 of the Indian Penal Code (IPC) and related sections and Section 295 of the IPC, respectively.
According to the police, in the cases for hurting sentiments of a religious community or desecrating places of their worship, religion of the informant/complainant or victims and those suspects accused persons is an essential component ingredient to be mentioned while registering FIR under Section 295 and related charges.
"Mentioning religion of a suspect/accused is particularly helpful for the purpose of apprehending them if they become proclaimed officers/bail jumpers etc at a later stage, as they start living in other states of the country and sometimes even in other countries. Thus, while conducting police proceedings, situations arise where it becomes imperative to mention the religion of the accused or suspect to establish correct identity and to rule out arrest of any innocent person," the Haryana police claimed.
A formal affidavit of Shatrujeet Singh Kapoor, the Haryana DGP, was submitted to the high court on Wednesday, in response to a petition where the allegations were pertaining to money dispute.
During the hearing of the case, the HC had taken cognizance of the fact that the Haryana police have been mentioning religion of the accused in the FIRs and other police proceedings.
In an order dated August 29, Justice Jasgurpreet Singh Puri directed the Haryana DGP to stop such practice of mentioning religion in the FIRs.
The bench had also asked DGP to file his own affidavit as to what corrective measures will be taken up by the state of Haryana in this regard, especially on the similar lines as that of the state of Punjab.
When the matter came up for hearing before the high court on Wednesday, the court adjourned the matter for October 9, asking the DGP to file a better affidavit.
The DGP's affidavit also mentioned that seven integrated investigation forms have been provided in core application software module on crime and criminal tracking network and system (CCTNS) out of which, five forms ie crime details capture form, arrest and court surrender form, property seizure memo and final report are required to be filled by the police officers from the state of registration of FIR till submission of final report.
The affidavit also stated that in IIF-AA (crime detail form), mentioning religion of the victim is mandatory and the software does not allow submission without fulfilling this mandatory field - religion of the victim. The software has been developed by the National Crime Record Bureau (NCRB), Delhi.