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Delhi Court Directs FIR Registration Against Women Who Allegedly Violated Lockdown & Passed Communal Slurs

Karan Tripathi
6 May 2020 4:11 PM GMT
Delhi Court Directs FIR Registration  Against Women Who Allegedly Violated Lockdown & Passed Communal Slurs
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A Delhi Court has directed Delhi Police to register an FIR against two women who allegedly violated the nationwide lockdown in order to pass communal slurs and threats against the Muslims in the locality.

While entertaining an application under Section 156(3) of the Criminal Procedure Code, Duty MM Rishabh Kapoor at the Tis Hazari Court noted that the said women had no movement permit to break the lockdown. The Court noted that there's a prima facie violation of Sections 188, 153A, and 295A of the IPC.

In the present application seeking registration FIR, the applicant submitted that on April 16, 11:30pm, two women came to a locality having majority of Muslim residents, and started shouting communal and threatening slogans against Muslims.

Moreover, the applicant submitted that these ladies, while violating the lockdown, also caused public annoyance by allegedly smashing the doors and shops of the residents in the vicinity.

While highlighting that the said area of Hauz Qazi recently witnessed communal tension over a parking issue, the applicant informed the court that a video of the incident has also been uploaded on YouTube which is now receiving considerable views.

Despite the sensitivity of the matter, the applicant argued, no FIR has been registered so far. Moreover, the applicant had informed both the SHO as well at the DCP of the area about the incident bit for no avail.

In its Action Taken Report, Delhi Police submitted that there's no prima facie case for a cognizable offence against the two ladies.

The police further submitted that the two ladies belong to an NGO and were out there to feed the stray dogs, when the residents of the area had a 'hot exchange of words' with the two ladies.

It was also informed by the police in the report that the video was uploaded by a local reporter without verifying the facts with the two ladies.

While taking these submissions into consideration, the Magistrate noted that the allegations levelled against the two ladies are duly supported by affidavits filed by the complainant.

Moreover, the Magistrate observed that regardless of the fact that the ladies belonged to an NGO, they were not supposed to violate the lockdown without a movement permit, which is a prima facie case under section 188 of IPC.

While relying on the judgement in the case of Lalita Kumari v. Government of UP, the Magistrate noted that the police has to register the FIR when a cognizable offence is brought to its notice.

Considering in the present case the two ladies had no sufficient reason to be present in that area during a lockdown, the Magistrate held, the said matter shall be duly investigated by the police.

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