MADURAI: Observing that, except the accused and the victim, the public cannot, as a matter of right, seek to view FIRs, the Madurai Bench of Madras High Court recently refused to allow a PIL filed seeking direction to restore online public access to FIRs on the CCTNS (Crime and Criminal Tracking Network and Systems) 2.0 web portal.
The litigant G Chidambaram, who is an advocate from Tirunelveli, stated that previously, FIRs registered by the Tamil Nadu Police, except those relating to offences against women, sexual offences, and the SC/ST Act, were accessible to the public online by providing a mobile number and OTP on the CCTNS portal of the TN police.
However, after the implementation of the CCTNS 2.0 project on February 26, public access to view FIRs has been barred, and at present, FIRs are accessible only to the complainant and the investigating officer, due to which advocates and litigants are unable to access FIR details.
Claiming that this causes considerable delay in approaching the courts for legal remedies, including anticipatory bail, he sought the above relief.
The additional advocate general said the Supreme Court, in a 2016 judgment, has set out some guidelines in the matter, and granting access to FIRs to all persons creates some problems.
A bench of justices N Sathish Kumar and M Jothiraman noted that, the apex court had mentioned that the accused or any other person connected with the same can download the FIR. The judges opined that the phrase ‘any other person connected’ in the judgment refers to only the informant and the victim, as per Section 173 of BNSS. Meanwhile, the accused is already entitled to a copy of the FIR.
“Therefore, other than the accused and the victim, we are of the view that the public, as a matter of right, cannot view the FIRs. If any third party requires a copy of FIR, he or she may approach the concerned Magistrate’s Court seeking a certified copy of FIR as per law,” they observed and disposed of the PIL.