upload the copy of the FIR in the website of the police station and to make available copies of the FIR to the accused immediately on registration of the FIR.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

                 
       THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN
                                &
            THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

   MONDAY, THE 30TH DAY OF NOVEMBER 2015/9TH AGRAHAYANA, 1937Q

                   WP(C).NO. 1240 OF 2015 (S)

JIJU LUKOSE AGED 30 YEARS Vs STATE OF KERALA

12.
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We are thus of the view that application for copy of the FIR can also be submitted by any person under the 2005 Act. It is however, relevant to note that whether in a particular application police authorities are claiming exemption under Section 8(1) of the 2005 Act is a question which has to be determined by the police authorities by taking appropriate decision by the competent authority. In event no such decision is taken to claim exemption under Section 8 of the 2005 Act, the police authorities are obliged to provide for copy of the FIR on an application under the 2005 Act.
...
15.
....
police stations in the State of Kerala have been connected with website and online application under the 2005 Act are already been entertained on different police stations. As noted above, it has been pleaded on behalf of the State that the State has not yet taken a policy decision to upload all the FIRs in the website. Even if it has not taken a policy decision as to upload all FIRs in the website, it has to take a decision as to which category of FIRs have to be uploaded in the website for information to all and to permit easy access to all those who are concerned with crime registered and those who have to take further steps regarding the crime registered. As noted above, it is in the domain of authorities as to which category of the FIRs are to be put on website for information to the public in general. But there has to be a decision and appropriate categorization or norms for taking a decision as to in which case FIR be uploaded and in which it is not be  W.P(C) No.1240 of 2015 uploaded. State of Kerala having taken steps towards technological advancement including e-governance, we are of the view that the State is also obliged to take decision on the above subject even if any such policy decision has not yet been taken as on date. It is relevant to note that even in the Delhi High Court judgment as noted above, it has been provided that FIR with regard to sensitive cases may not be uploaded. However, such decision was to be taken by the Officer not below the rank of Deputy Commissioner of Police. The State can come with any such decision which may balance right of information available to the public in general and interest of the State. We are thus of the opinion that petitioner has made out a case for issuing directions to the State to consider all aspects of the matter and take appropriate decision regarding uploading of the FIR in the police website with all details regarding its operation and mechanism.