VIOLENCE IN MANIPUR

With the situation worsening in violence-hit Manipur, the state government authorised all District Magistrates to issue “shoot at sight orders” in “extreme cases”.
A shoot-at-sight or firing order may be passed in terms of the statutory powers relating to the arrest or prevention of offences or for disbanding unlawful assemblies under the CrPC, 1973.
Section 144 of the CrPC enables the use of wide powers while dealing with urgent cases of “apprehended danger” or nuisance through the issuance of orders.
The executive usually relies on the powers conferred on it by Section 144 to issue shoot-at-sight orders.
It enables the use of force in the course of arresting a person.
If a person forcibly resists the endeavour to arrest him, or attempts to evade the arrest, such police officer or other person may use all means necessary to effect the arrest.

Exception:

It also places a limit on this executive power by saying that the provision does not give a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life.
The Armed Forces Special Powers Act, 1958 empowers the armed forces to use force in disturbed areas.
A notification in the Official Gazette declaring an area as “disturbed” may be passed by a Governor of the State or the Administrator of that Union Territory or the Central Government, as the case may be.
Provisions of the Indian Penal Code, of 1860 also deal with this issue.

What have the courts said?

In Jayantilal case, the Gujarat High Court declared the shoot-at-sight orders imposed for breaking a curfew “void”.
In the 1974 ruling, Justice SH Seth also observed that any threat issued by the executive to the life of a citizen without the authority of law must be viewed very seriously.
In the case of State Of West Bengal vs Shew Mangal Singh & Ors which dealt with the conflict between the executive’s power of extreme coercive action and an individual’s right to liberty.

SOURCE: THE HINDU, THE ECONOMIC TIMES, PIB

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