SC refuses to entertain plea by ex-Delhi mayor seeking FIR against UP cops over raid

The Supreme Court on Tuesday refused to entertain a plea by former Delhi Mayor Farhad Suri seeking registration of an FIR against Ghaziabad police officials for allegedly conducting an “illegal” raid at his residence here in search of a journalist in connection with a criminal case.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana directed Suri to approach Delhi police for seeking registration of an FIR instead of invoking Article 32 of the Constitution to approach the top court directly.

“The relief regarding direction to register FIR against police authorities of Uttar Pradesh can very well be addressed if the petitioner approaches a jurisdictional police station under Section 175 (3) of the BNSS (Bhartiya Nayay Suraksha Sanhita). We have no reason to doubt that competent police will not strictly act in accordance with the law,” bench said in its order.

Suri had alleged that on the intervening night of August 22 and 23, a large contingent of Ghaziabad police officials entered his Delhi residence without a warrant while searching for Abhishek Upadhyay, a journalist and an accused in a road rage case.

Lawyer Anoop Prakash Awasthi appeared and argued for Suri.

The bench also declined to entertain Suri’s alternative plea seeking guidelines governing inter-state police raids.

The counsel for Uttar Pradesh opposed the plea, saying Suri cannot directly come to the top court invoking Article 32 to seek registration of an FIR without first exhausting the statutory remedies available under the BNSS.

The law officer also denied the police search was illegal. “We were trying to arrest a gentleman. There was a proper GD (general diary) entry. Delhi police officers simply rang the bell of this person…to find out if the person (Upadhyay) was there. When he (Suri) said no, we simply left. We did not even enter his house,” the law officer said.

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Suri’s advocate opposed the state’s submissions, alleging that around 15 police vehicles carrying a large contingent of officers had reached the petitioner’s residence.

He further claimed the GD entry was registered after the alleged raid. Upadhyay is facing an FIR registered by the Ghaziabad police in connection with an alleged road-rage incident.