An Interim Application has been filed in Supreme Court seeking directions to Centre to direct States/UT’s to not take coercive action against trivial offences of lockdown violation.
The Petitioner, Dr. Vikram Singh, Chairman Think Tank Centre for Accountability and Systematic Change (CASC) has filed the Interim Application in his pending Writ Petition praying for quashing FIR’s registered u/s 188 IPC, and for other trivial offences during corona crisis and violation of lockdown. Petitioner has shown how thousands of illegal FIR’s have been registered during lockdown. Through this interim application filed through Adv Sachin Mittal, Petitioner seeks Court’s attention towards thousands of arrests being caused in trivial offences which is burdening police and judicial system.
After Supreme Court’s direction of releasing prisoners for Covid-19 in Suo Motu writ petition, District Courts have stopped working and role of Court has reduced drastically. The word Lockdown has not been defined anywhere which makes role of police in its enforcement essential.
Through, the petition it is submitted that no FIR should be lodged and no arrests be made in trivial offences in name of lockdown. Several people have lost lives due to excessive use of force by Police in lockdown. Police should not be overburdened with work in this time as they are on frontline with doctors and public services. Arrests will increase burden of police as it will have to deal with keeping accused in lock-up, bail, formalities, producing accused before Magistrate and other related things.
Application also mentions recent incident of Bhondsi jail in Gurgaon accommodating more than 2000 prisoners, where jail warden has been tested positive for Covid-19. This substantiates fear expressed by Supreme Court in Suo Motu Writ that our prisons can become fertile breeding grounds for incubation of Covid-19.
Congregation of people inside police lockups defeats purpose of lockdown. In jails, due to tight quarters, situation is more precarious. On one hand, undertrials are being released without strict formalities and on the other hand, stern steps are being taken for trivial offences. People who are forced to go out of their homes due to circumstances should not be unduly labelled as criminals.
While giving examples of relaxation in lockdown given by Government, Applicant stated Government has itself shown relaxation in lockdown when Uttar Pradesh Government sent 250 buses to get back students stranded in Kota, Rajasthan. Central Government allowed intra State travel of migrants stuck in metro cities. Kerala Government allowed restrictive road transport despite objections by the Union Home Ministry.
The applicant thus, asks a pertinent question, “If no warning or action was taken against State Government under Article 256, then how can police FIR, arrest and brutality be allowed for trivial violations of lockdown ?”
The applicant appreciates hardwork and services provided by police officers, and at the same time is concerned about unjustified excess of police in name of deterrence on poor and marginalised and seeks enforcement as per due process of law.
–India Legal Bureau