The landmark order, passed by a division bench comprising Chief Justice Dipak Misra and Justice Manmohan, said it's the duty of the police to provide information and the accused does not need to move court to get a copy of an FIR.
"Fair and impartial investigation is a facet of Article 21 of the Constitution and presumption as regards the innocence of an accused is a right. Therefore, a person booked under criminal law has a right to know the nature of allegations so that he can take necessary steps to safeguard his liberty," the bench said.
Earlier, additional solicitor general A S Chandiok and amicus curie Arvind Nigam submitted their suggestions on the matter.
The counsel had said that recording of an FIR was an official act of a public official in discharge of his or her official duties and, therefore, it was a public document within the meaning of Section 74 of the Evidence Act, 1872.
with thanks : times of india ; link in headline above for details.
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