In a plea seeking quashing of FIR lodged for violation of lockdown rules, the Allahabad High Court urged the police to spread awareness rather than arresting violators and putting them in already over-crowded jails.
The bench comprising Justices Sunita Agarwal and Saumitra Dayal Singh, was hearing a petition seeking quashing of FIR lodged against some residents of Agra for violating lockdown rules. They were charged, on May 4, under section 269 (Negligent act likely to spread infection of disease dangerous to life) of the IPC and for violating prohibitory orders issued by Agra Police.
The bench observed, “In our opinion, it would be more advisable to create awareness and consciousness amongst people rather than putting them in jail or lockups which are already overcrowded.”
The court further observed that the only allegation against the accused was that 8-10 people were standing in a crowd and not following social distancing rules and no untoward incident took place. The petitioners contended that they were, in fact, distributing food packets to the poor in their locality and hence a crowd gathered which they were unable to disburse.
The court ordered that the petitioners shall not be arrested until the police report is submitted.
The court stated, “There is no doubt that the denizens of the city are under obligation to follow the protocol of social distancing in collective fight of the country with pandemic Covid-19. It is the responsibility of each and every person to be aware of the protocol and see that others follow it strictly.” The court further said that the petitioners should be given an opportunity to mend themselves and should file an undertaking to the effect that they will follow all norms and protocols in place with respect to Covid-19 and submit the same to the Senior Superintendent of Police, Agra who shall then consider it.
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