Congress today filed a writ petition in the Gujarat High Court seeking quashing of the state government's notification directing police to exercise due diligence before filing FIRs against public servants, saying the order will lead to "anarchy".
The petition is likely to come up for hearing on February 9, said petitioner's counsel Babubhai Mangukiya.
In the petition, state Congress Committee general secretary Indravijaysinh Gohil said that the notification was "ex-facie illegal, arbitrary and ultra vires and is contrary to the Code of Criminal Procedure, 1973 and the law laid down by the Supreme Court".
In a notification issued last Tuesday, the state Home Department asked the police not to hurry in filing FIRs against public servants before verifying facts as such practice adversely affects the morale of officials.
Referring to a Supreme Court judgement saying the police officers are duty-bound to register FIR as and when they receive information disclosing commission of cognisable offence, the petitioner maintained that state government is "worried about its credit and not of its sovereign duty to maintain law and order and administration of criminal justice".
The petition said the order will create "anarchy".
"This will create anarchy and give licence to the public servant to commit criminal offence. This is a 'Brahmastra' for the protection of public servant," it stated.
The notification directed all heads of police to implement a system to crosscheck the claims made by complainants concerned as they could have approached the police out of a grudge against a officer.
Explaining the logic behind such an order, the department stated that this step is necessary to boost the morale of public servants who are wrongfully targeted by those who are facing some legal action from government.
The order also stated that public servants get demoralised after their names appear in newspapers once an FIR is filed against them and gradually lose their zeal and enthusiasm to discharge their duties due to such incidents.
