Image Courtesy: indialegallive.com
A plea in the Supreme Court is seeking directions to avoid coercive action against trivial offences committed during lockdown. This Intervention Application has been filed in the light of the fact that thousands of arrests have taken place, which has put unnecessary burden on law enforcement, such as the police, who already have the responsibility of maintaining law and order in these times of crisis.
These incessant arrests are also further burdening the already overflowing case load in courts, thus impairing the justice system in India. This IA has been filed in the petition that is already pending before the court which seeks that FIRs registered under section 188 of the Indian Penal Code by quashed. The IA has been filed by Advocate Sachin Mittal and the petition was filed by Centre for Accountability and Systemic Change (CASC).
The IA notes that while grievous and heinous offences need to be acted upon, which includes systemic and organized violation of lockdown by certain groups, trivial offences need to be exempted. The IA states, “Any arrest will only increase the burden of police as it will have to ddeal with keeping the accused in lock-up, carry out bail formalities, producing accused before the Magistrate and other related things.” The applicant observes that just like doctors, even the police are on the frontline in this crisis and hence they should not be burdened with tasks which are futile and a waste of time and resources.
The applicant, also brings to the notice of the court, the issue of risk of transmission on COVID19 in crowded lock-ups which would defeat the purpose of the lockdown. while the applicant does not suggest normalising violation of lockdown, it states that trivial violations should be let off and states that, “the zeal of arresting violators for innocuous offence will do more harm than any good”.
On the ground that the burden on the police and the courts be further prevented and to combat unjustified excesses by the police, the applicant prays that no coercive action be taken for violation of lockdown.
Related: