The Gujarat government on Wednesday told the high court it had withdrawn a notification issued on February 2 directing police not to file FIR against public servants without verification of facts. The government told Justice Sonia Gokani it withdrew the notification on March 19. The submission came in response to a petition challenging the notification on the ground that it violated a 2014 order of the Supreme Court and also the provisions in the Criminal Procedure Code under section 154.
The petition, filed by Gujarat Congress general secretary Indravijaysinh Gohil, cites the Supreme Court judgement where the court held that a police officer must register an FIR as and when he receives information disclosing commission of cognisable offence. The notification will "create anarchy and give licence to the public servant to commit criminal offence", the petition said, adding it was "Brahmastra for the protection of public servants, be it paid or elected".
The Home Department had directed top police officers to implement a system to verify the claims made in complaints against public servants, as such complaints could be made out of a grudge.
The notification was necessary to boost the morale of public servants, the government had said.
