NEW DELHI: A plea has been filed in the Supreme Court seeking quashing of various FIRs registered under section 188 of IPC for disobedience of orders of a public servant and other petty offences during the nation-wide lockdown to prevent the spread of coronavirus.
Section 188 of the Indian Penal Code (IPC) deals with an offence of disobedience to order duly promulgated by public servant.
Violation of section 188 attracts jail term of one month or fine up to Rs 200, or both and if the disobedience causes danger to human life, health or safety, the person can be punished with six months’ jail term and a fine of Rs 1,000 or both under the section.
The petition has been filed by by Vikram Singh, former DGP of Uttar Pradesh and chairman of an NGO ‘Centre for Accountability and Systemic Change’ (CASC).
The plea has sought directions under the Disaster Management Act of 2005 to the various State Governments to refrain from filing complaints and registering FIRs under section 188 or other petty offences during the lockdown period.
The NGO said as per its research, 848 FIRs under section 188 of IPC have been registered in 50 police stations of Delhi alone between March 23 and April 13.
It said Uttar Pradesh government through its twitter handle informed that 15,378 FIRs under Section 188 of IPC have been registered in the state against 48,503 persons.
“If this is the situation in the national capital and adjoining state then the situation in other parts of the country can very well be imagined,” the plea said, adding, that the registration of FIRs under section 188 of IPC is grossly illegal and antithesis to Rule of Law, and violates Article 14 and 21 of the Constitution.
“On one hand, this Court vide its Orders in Suo Motu Writ Petition … directed for release of prisoners from jails to reduce overcrowding and on the other hand, Police is continuing to burden the criminal justice system through FIRs in petty offences in unlawful manner, which at the most mandate the jail term of six months,” the plea said.
Singh said that being a retired police officer, he understands the police functioning as well as the pain and suffering of those who are caught in the wheels of criminal justice system.
“The Petitioner is also concerned with the undue burden on police officers, who will have to do voluminous documentation in all such matters. The Petitioner is in no way promoting the violation of the lockdown. The Petitioner is only seeking effective action as per due process of law. The Petitioner submits that stringent action must be taken against all deliberate violations of lockdown, in accordance with law,” the petition said. (AGENCIES)
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