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Paid FIR downloads under scanner: PIL questions ‘illegal barrier’ to access justice

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The imposition of charges for downloading first information reports and related records has come under judicial scanner with the filing of a petition in public interest before the Punjab and Haryana High Court.Among other things, the PIL says paid access to such documents creates an “illegal barrier” to transparency and access to justice.The petition, filed by advocates Vasu Ranjan Shandilya and Abhishek Malhotra, challenges Punjab government’s policy of charging fees for downloading FIRs, Daily Diary Reports (DDRs) and lost information reports from the Punjab Police Saanjh portal.The plea squarely questions the legality of monetizing access to core criminal justice documents that, by law, are required to be supplied free of cost. The petition contends that the impugned policy lacks statutory backing and is not even placed in the public domain, thereby failing the test of transparency.It asserts that the move runs contrary to the mandate of Section 173(2) of the Bharatiya Nagarik Suraksha Sanhita, which requires that a copy of the FIR be provided free of cost, and also violates Rule 24.5 of the Punjab Police Rules, ensuring free supply of such documents.Relying on the Supreme Court’s ruling in “Youth Bar Association of India vs Union of India”, the plea says free and easy public access to FIRs is integral to transparency in the criminal justice system. Any financial barrier defeats the very purpose of making FIRs accessible online.The High Court has been told that the imposition of charges infringes fundamental rights, including equality before law and the right to information as part of free speech, apart from impinging upon personal liberty. The plea further invokes the constitutional mandate of equal access to justice, arguing that paid access disproportionately affects ordinary citizens seeking information about criminal proceedings.The petition seeks quashing of the policy, restoration of free digital access to FIRs and DDRs, and refund of the amount allegedly charged, along with interest. An interim direction has also been sought for immediate suspension of the fee regime pending adjudication.

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