HC: Instead of making arrests, create awareness & consciousness about social distancing (Read Order)

The Allahabad High Court while hearing a petition filed before the court seeking for quashing FIRs registered against some people for not following the protocol of social distancing by Agra Police, has advised police authorities to create awareness and consciousness amongst people rather than putting them in jails for the violation of protocol of social distancing.

The two Judges bench comprised of Justice Mrs. Sunita Agarwal and Justice Saumitra Dayal Singh has observed that, “in our opinion, it would be more advisable to create awareness and consciousness amongst people rather than putting them in jails or lock ups which are already overcrowded.”

The court was hearing the petition filed by petitioner Munna and six others seeking for quashing the FIR against them. They were charged under Sections 188 (Disobedience to order duly promulgated by public servant), section 269 (Negligent act likely to spread infection of disease dangerous to life) of Indian Penal Code. The petitioner submitted before the court that they were engaging in distribution of food packets amongst the poor persons in the locality during the lockdown and in the course of such distribution suddenly some people were collected on the spot. Even they made all efforts to disburse them.

The court said that only allegation against the petitioners in the FIR is that they did not follow the protocol of social distancing while distribution of food. However, there is no allegation of any untoward incident having been occurred at the place. The court further said that,

“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. However, in our opinion restraining these persons who for some reason violated the protocol of social distancing may further aggravate the Corona crisis.”

In view of the above directions, the bench has ordered that the petitioners shall not be arrested in the aforesaid case till submission of the police report under Section 173(2) of Cr.PC. The court has also passed a direction in order to grant one opportunity to the petitioners to mend themselves that each petitioner will file an undertaking before the Senior Superintendent of Police, Agra stating that “they will follow all norms and protocol of Covid-19 and will not breach them in future.”

Case Details

Case: - Criminal Misc. Writ Petition No. - 5602 of 2020

Quorum: - Justice Mrs. Sunita Agarwal, Justice Saumitra Dayal Singh

Petitioner: - Munna and 6 Others

Respondent: - State Of U.P. and 3 Others

Counsel for Petitioner: - Dinesh Kumar Mishra

Counsel for Respondent: - G.A.

Order date: - 19-06-20

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