HC to UPP: Spread awareness on lockdown

PRAYAGRAJ: The Allahabad high court has advised the Uttar Pradesh Police (UPP) authorities to desist from taking coercive action and rather spread awareness regarding fallout of lockdown violation.
Disposing of a writ petition filed by one Munna and others of Agra district, a division bench comprising Justice Sunita Agarwal and Justice Saumitra Dayal Singh stayed the arrest of petitioners against whom an FIR was lodged, accusing them of violating the protocol of social distancing at a public place at Malko Gali, Tajganj of Agra district, where a crowd of eight to 10 people had collected.
Passing the above directives, the court observed, ”Considering the above, we find that there is no allegation of any untoward incident having been occurred at the place. 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 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 over-crowded,” the court added.
By means of the present petition, the petitioners had requested the court to quash the first information report (FIR) lodged against them on May 4, 2020, at police station Tajganj, Agra.
The only allegation against the petitioners in the FIR was that protocol of social distancing was not followed by the crowd of eight to 10 people, who were collected at a public place in Malko Gali, Tajganj, Agra and the petitioners were members of the crowd.
The stand of the petitioners was that they were engaging in distribution to food packets amongst the poor persons in the locality during the lockdown and in the course of such distribution, suddenly some people had collected on the spot. Though, the petitioners made all efforts to disburse them but of no avail. Disposing of the petition, the court observed, “Considering the above, we find that the first information report discloses commission of a cognizable offence but in order to grant one opportunity to the petitioners to mend themselves, it is provided that they (each) shall file an undertaking before the Senior Superintendent of Police (SSP), Agra stating that they will follow all norms and protocol of Covid-19 and will not breach them in future. The SSP, Agra shall do the needful considering the undertaking given by the petitioners herein.”
The court directed that the petitioners shall not be arrested in the aforesaid case till submission of the police report provided they cooperate with the investigation. The order was passed on June 19.