Sometime last month, Vishnu Kant Tiwari, a South Avenue resident, was stopped by policemen patrolling the streets. Accosted by the men in khaki, he said it was his routine post-lunch walk. The lockdown guidelines were read out to him, but he casually responded that he doesn’t believe in COVID-19. Mr. Tiwari was promptly booked under Section 188 of the Indian Penal Code (disobedience to order duly promulgated by public servant).
Delhi Police has taken action against nearly four lakh people since the beginning of the lockdown for venturing out on the streets without valid reasons, possessing no movement pass and for not wearing mask. A total of 24,731 people were booked under IPC Section 188 and 3,64,253 were charged under Section 65 of the Delhi Police Act.
“We have not only booked people for violating lockdown guidelines but also seized 38,654 vehicles. We try to convince people to stay in but when they refuse to listen, we initiate legal action against violators,” said a police officer.
A case of excess?
All the same, some complained that charges were slapped on them unnecessarily. Mohammad Arshad, a motor mechanic who owns a shop in North Delhi’s Civil Lines, said he went to get some tools and cash from his shop when a policeman clicked a few pictures of the shop. Later, he got to know that he was booked for violating lockdown orders.
In another instance, Sumit Banerjee, a resident of Palam, said he was stopped by two policemen on a motorcycle when he went to get milk for his daughter. He tried to explain them the reason but they refused to listen and booked him.
However, a senior police officer said that they have proof, both pictures and videos, in every case. “We will submit the evidence of violations in court. The court will decide the future course of action,” added the police officer.
Dogged by old habits
Manisha Sethi [name changed] was booked for not wearing a mask at the Vasant Kunj market. “I told the policeman that the grocery shop was about to get shut and I covered my face with a stole but he refused to listen. He made me sign on a paper sheet and told me to ask a relative to come to the police station. I went back home only after my husband came and signed a surety bond,” she recounted her experience.
Harish Khanna, a resident of west Delhi’s Punjabi Bagh, said he apologised to the policemen for stepping out without wearing a mask, but he was nonetheless taken to the police station and let off only after five hours. “Though no case was registered, it was a harrowing experience. I forgot to wear the mask because it was not a habit yet. After the incident, I always keep a spare mask in my pocket,” said Mr. Khanna.
Mukesh Singh, a senior citizen and Safdarjung Enclave resident who was booked when out on his morning walk, said the police should be more considerate: “People are already under stress due to financial crisis and an FIR against them will bring more misery. In most cases, they were unaware of the restrictions because some of their routines have become punishable offences. Walking, strolling or going out for household work was a routine until the lockdown. I request the police to consider the situation and give some relief to people.”
‘ Lenient approach’
But a senior police officer countered that they have been generous. That’s the reason, he says, most of them (3.64 lakh) were booked under the Delhi Police Act and only 24,731 under the more stringent IPC Section 188. Their motive, thus, is to warn the violators and not drag them into a legal battle.
The violation of Section 188 attracts jail term of one month or fine up to ₹200 or both and if the disobedience causes danger to human life, health or safety, the person can be punished with a six-month jail term and a fine of ₹1,000 or both.
On the contrary, cases registered under Section 188 will reflect in the police file on violators, which would hamper a person during passport or character verification. “In the case of character verification, a case and its status will show in the profile of violators,” said the officer.
“The reason for detaining people under the Delhi Police Act was to make them realise their mistake and take assurance that they won’t repeat it in future, without putting them through any legal trouble.”
The officer also suggested that lockdown breaches should be akin to traffic challans where the violator can be fined on the spot and FIR registered only for repeat offenders or if the person had knowingly violated the rule. He said with lockdown rules being progressively eased and more people out on the streets, the focus is those stepping out without wearing a mask.
