Team Herald
Panjim: Is Section 144 CrPC different for the government and the general public? A series of events that unfolded in the last two months of nationwide lockdown has prompted this question.
Three separate ‘peaceful protests’ landed the protestors in legal soup for violating the section that bans gathering of four people and above. During the same lockdown period, albeit after relaxation in 3.0 lockdown, the State government inaugurated two projects and laid the foundation stone for a tourism venture. The three government events witnessed huge gathering of people, clearly violating section 144 CrPC. But authorities and the police have remained tight lipped over initiating action.
Herald spoke to a few legal experts who had mixed response to the incidents while also emphasizing that section 144 CrPC is the need of the hour at a time when the entire world is facing a health threat due to COVID-19.
Advocate Rohit Bras D’Sa has supported the government in ensuring law keeps safe distance between people. “The virus is invisible. It is an invisible threat. The only way to control it is to maintain social distancing. If there is any protest over any issue, there is absolutely no need to come on the streets. You can lodge your protest to the Prime Minister’s Office, Chief Minister’s Office… lodge it online or by WhatsApp,” he said.
Since the enforcement of lockdown, the BJP-led govt faced first protest from the family members of stranded seafarers’ mid-April. The protestors, who camped outside the residence of CM’s bungalow by maintaining social distance, were detained for violating the section. They were however released soon thereafter.
Around 9,000 including seafarers have returned to their homeland since April-end and the figures increase every day.
Last month, NSUI leaders – on a silent protest at Azad Maidan to demand postponement of Class X and Class XII Board exams, were detained which was followed by activists opposing the land filling in the paddy fields at Taleigao, last Saturday.
On the other hand, CM made three public appearances for inaugurating grade separator at Vasco and introducing new ferry boat besides laying foundation stone for a Centrally-sponsored tourism project.
Advocate Swapnil Nasnolkar also hit out at people resorting to protests during the time of crisis. He opined, “It is true that everyone has the right to protest but they should not be allowed to do for the sake of their own publicity and selfish motives. The entire world is in crisis due to the pandemic.”
The criminal lawyer emphasized that Goa government has done their level best to get the stranded seafarers back to Goa in coordination with the Centre, and that “there is no need of protests” during imposition of section 144 CrPC. D’Sa also echoed that government has many priorities which are being tackled step by step.
D’Sa however is of the view that section 144 CrPC should now get an approval from the cabinet and the Legsaltive Assembly considering that the tenure is extending.
“Section 144 is justified in view of the fact that the pandemic we are going thru is something that has never occurred in recent memory and we have to be cautious… Now I would suggest that since the section is in force for a long period, it should get an approval from the cabinet and the legislative assembly,” the senior lawyer suggested.
Activist and advocate Albertina Almeida, who was among those detained during the protest at Taleigao, has come down heavily on the government for forcing such a situation. She, nevertheless, agreed prohibition of protests during the enforcement of section 144 CrPC but demands to revoke it in the interest of the people.
“We don’t organize a protest… No one wants to be caught in the wrong arm of the law. We go there out of our concern. I know that technically, four and more person cannot get together while Section 144 CrPC is in place. But when I am concerned about something, I go out and everyone else who too are concerned about the issue step out,” she said denying that the activists and locals had gathered together at the land filling site at Taleigao.
“Section 144 should be revoked. What is the meaning when everything else is operating?” she said while hinting at government functions held recently.
The activist also demanded action against the local panchayat for alleged illegal trespass into the paddy field, allegations which were also refuted by the panchayat.
Goa Police has clarified that activities falling under “permissible category” are not covered under section 144 CrPC. PRO SP Shobhit Saxena, on being contacted for a comment, said, “Right now, only those activities which are permitted in nature such as operating of offices, completion of public works, are not hit by section 144 CrPC but social, cultural, political and religious gatherings of any sort are disallowed.”
It may be recalled that Goencho Avaaz has also filed complaints against Chief Minister Pramod Sawant and others for repeatedly defying Section 144 of CrPC and other sections at the recent government ‘inauguration’ events.
