- 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