The issue of FIR has become heated after the report of SIT in the Ram Temple offering theft controversy. SP chief Akhilesh Yadav Wrote in a post, “Without an FIR, the SIT has no authority. This is just a process to put the case on hold.” Akhilesh has demanded immediate registration of FIR in the offering theft case. According to SP MP Rajiya Rai, FIR is not being filed so that big people do not get entangled in this case.
In fact, on June 7, on the recommendation of Ram Mandir Trust, the UP government had constituted a three-member SIT under the chairmanship of Lucknow Divisional Commissioner Vijay Vishwas Pant in the offering theft case. The SIT submitted its report to the government on Tuesday (23 June). According to sources, the Special Investigation Team has suggested reorganizing the trust and registering an FIR for further investigation.
Why is there a demand to register an FIR?
1. The revelations made so far in the offering theft case have revealed the disappearance of money and negligence of the trust. It is necessary to investigate this. If someone is found guilty in the investigation, he will have to approach the court to get punished. This is not possible without FIR.
2. Nothing has been officially revealed regarding the controversy of theft of offerings from Ram temple. The nature of the case can be known only from the FIR. Information will be available about which agency will conduct further investigation.
3. After the commission of a crime, the first thing necessary is to file an FIR. So that the written process can proceed. The full form of FIR is also First Information Report. After the FIR, investigation of the matter is necessary. It will not be easy to get the FIR canceled by the court without giving the investigation report.
Why is FIR necessary in the offering theft dispute?
Former Director General of Police of Chhattisgarh RK Vij According to this, misuse of Ram temple property is a punishable offence. Therefore, FIR and investigation is necessary in this matter. After the FIR, SIT can be formed, which will collect evidence and present it in the court. So that the accused can be punished legally.
A petition has also been filed in the Supreme Court demanding an FIR in the offering theft case. The petition filed by lawyers Ajay Kumar Rai and Dinesh Kumar Yadav states – Whether the allegations of irregularities in the offerings of Ram Temple and the functioning of the Trust are true or not, it will become clear after investigation, but these news have definitely troubled those people who had struggled for a long time for Ayodhya and Ram Temple.
The petition further states that the SIT constituted by the Uttar Pradesh government has started its investigation without registering an FIR or any formal criminal case. In this petition, FIR has been registered and CBI has been demanded to investigate the matter.
Now understand – is FIR necessary for SIT investigation?
To understand the legal aspects of this entire matter in detail, we Supreme Court lawyer Virag Gupta Asked some questions. Read the questions and their answers here
Question: Why register an FIR in a case?
Virag Gupta- Section 154 of the CrPC and Section 173 of the new BNSS law have provisions regarding First Information Report (FIR). This is the first process of preparing an official record of a crime. If the police refuses to register an FIR, a case can be filed with the Magistrate to order a police investigation under Section 156 (3) of the CrPC or Section 175 (4) of the BNSS.
Question- Why is FIR necessary in case of offering theft?
Virag Gupta- According to the November 2019 decision of 5 judges of the Supreme Court, Shri Ram Janmabhoomi Teerth Kshetra Trust was formed by the Central Government on 5 February 2020. Donated money is of public interest and is also tax exempt. This serious crime has been confirmed through CCTV and other statements. In such a situation, its systematic investigation is necessary. An FIR is required for this.
Question- Is it legally correct to conduct investigation through SIT?
Virag Gupta- There is no provision regarding SIT investigation in the CrPC law. The way the word Deputy Chief Minister or Deputy Prime Minister is not mentioned in the Constitution but is used in practice. Similarly, SIT investigation has become the norm in high profile cases but there are no provisions regarding the same in CrPC or BNSS law.
According to the law, SIT investigation can be ordered only after an FIR is lodged with the police or CBI. The trust was formed by the central government. Therefore, from a legal point of view, it would be more appropriate to investigate the criminal case of donation theft only after registering an FIR with the central agency CBI instead of the police.
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