‘Lathis on lockdown violators not to be normalised’: Former UP top cop to SC

Vikram Singh, in his petition, pointed out that between March 23 and April 13, 848 FIRs were registered under section 188 of IPC in 50 Police Stations of Delhi alone.

Illegal police action and police brutality through frequent lathi-charge during lockdown should not be normalised, a former Director General of Police (DGP) in Uttar Pradesh told the Supreme Court on Thursday.

Singh also referred to the order issued by the Supreme Court on March 23 in a suo motu case directing release of prisoners from jails to reduce overcrowding in prisons and minimise the risk of spread of Covid-19. (Photo by Anil Dayal/Hindustan Times)

The petitioner, Dr Vikram Singh, who is currently chairperson of think tank, Centre for Accountability and Systemic Change, sought quashing of FIRs registered under section 188 of the Indian Penal Code (IPC) against persons for violation of the Coronavirus lockdown.

“The registration of FIRs under section 188 IPC is grossly illegal and antithesis to Rule of Law, and violates Article 14 and 21 of the Constitution”, the petitioner submitted.

Section 188 of the IPC states that any person who disobeys an order given by a public servant can be punished with imprisonment up to 6 months.

Singh, in his petition, pointed out that between March 23 and April 13, 848 FIRs were registered under section 188 of IPC in 50 Police Stations of Delhi alone.

Similarly, he also claimed that as per Uttar Pradesh Government’s own admission through its Twitter handle, 15,378 FIRs under section 188 were 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 petition said.

Singh also referred to the order issued by the Supreme Court on March 23 in a suo motu case directing release of prisoners from jails to reduce overcrowding in prisons and minimise the risk of spread of Covid-19.

However, the police on the other hand, 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, Singh alleged.

“The Petitioner, who himself was the DGP of Uttar Pradesh understands the police functioning as well as the pain and suffering of those who are caught in the wheels of the 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 petition stated.

Singh maintained that he was not supporting violation of lockdown and that strict action should be taken against violators; however, action under criminal law should be minimal. He contended that alternative methods like directions to plant trees and cleaning of drains should be adopted to deal with those who violate lockdown.

“Coronavirus has caused a global pandemic, in which every person is suffering. The situation needs to be handled humanely, and it will be best to avoid adding aspects of criminality, wherever possible”, the plea said.