UP ex-DGP Vikram Singh moves SC; seeks quashing of lockdown violation FIRs

Satya Prakash
Tribune News Service
New Delhi, April 16

Former Uttar Pradesh Director General of Police (DGP) Vikram Singh on Thursday moved the Supreme Court seeking the quashing of FIRs registered under section 188 of the IPC and other provisions for violation of the COVID-19 lockdown.

Singh, who filed a PIL in his capacity as the Chairman of a think tank—Centre for Accountability and Systemic Change (CASC)—urged the top court to issue directions under the Disaster Management Act, 2005 to state governments to refrain from filing complaints/registering FIRs under Section 188 IPC or for other petty offences during the lockdown.

Noting that coronavirus has caused a global pandemic in which every person was suffering, he said, “The situation needs to be handled humanely, and it will be best to avoid adding aspects of criminality, wherever possible.”

He said as per Section 195 of Code of Criminal Procedure, 1973 as well as many judgments of the Supreme Court and various high courts, no FIR can be registered under section 188 of the IPC.

“The illegal police action, and increasing police brutality through frequent lathicharge during lockdown cannot be allowed to be normalized and institutionalised,” Singh submitted.

According to the petitioner, between March 23 and April 13, as many as 848 FIRs under Section 188 IPC had been registered in 50 Police Stations of Delhi alone.

As per Uttar Pradesh Government’s admission vide its Twitter handle, 15,378 FIRs under Section 188 have been registered in Uttar Pradesh against 48,503 persons, the petitioner stated.

“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,” petitioner’s counsel Virag Gupta told The Tribune.

The registration of FIRs u/s 188 IPC is grossly illegal and antithesis to Rule of Law, and violates (right to equality and right to life and liberty) guaranteed under Article 14 and Article 21 of the Constitution respectively, the petitioner submitted.

Singh, however, sought to clarify that he was in no way promoting 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,” he submitted.

The former UP DGP said, on one hand, the Supreme Court itself directed for release of prisoners from jails to reduce overcrowding and on the other hand, Police were continuing to burden the criminal justice system through FIRs in petty offences in an unlawful manner, which at the most mandate the jail term of six months.

Singh said, as he was a former DGP, he understood the pain and suffering of those who caught in the wheels of the criminal justice system.

He said he was also concerned about the undue burden on police officers, who will have to do voluminous documentation in all such matters.