Manipur High Court Chief Justice Sanjay Kumar on Wednesday quashed the FIR registered by Porompat police against the Youth Forum for Protection of Human Rights (YFPHR) members, observing that it was nothing short of abuse of power and cannot be sustained, both on technical grounds as well as on merits.
In its order, the high court stated that the press release issued by YFPHR merely appealed to the government to consider an alternative location for housing the Quarantine Centre and no more. There was no refusal by the Forum to comply with a direction, which is the basic requirement of the provision, the court observed.
The registration of the FIR under section 51(b) of the Disaster Management Act, 2005, and section 120 B IPC by the police is, therefore, nothing short of abuse of power and cannot be sustained, both on technical grounds as well as on merits, the court stated.
The High Court also stated that the police authorities should be well advised to exercise caution and discretion while discharging their duties and not resort to such abuses of law. With these observations, the FIR No. 67(4) 2020 PRT-PS on the file of Porompat Police Station was accordingly quashed.
It may be mentioned that a criminal petition was filed by Phajaton Mangang and other members of YFPHR before the HC, seeking the quashing of FIR No. 67(4) 2020 PRT-PS registered on the file of Porompat Police Station under Section 51(b) of the Disaster Management Act, 2005, and Section 120 B IPC.
The FIR was registered suo motu by the Porompat Police Station on the basis of a press release issued on April 1, 2020 by the YFPHR, in regard to the effect that the proposed area for construction of a quarantine centre at Langthabal Phumlou Loukol was not a wise choice as it was a paddy field and its utilization would lead to violation of the Manipur State Conservation of Paddy and Wetland Act, 2014.
The forum appealed to the government to build the quarantine centre at an alternative location and requested the government to consider the alternative solution presented by it. The HC noted that registration of the FIR by Porompat Police Station was contrary to law.
Applying 154 CrPC to an offence under Section 51(1)(b) of the Act of 2005 and registering an FIR does not even arise, the court observed.
This is also demonstrated by Section 60 of the Act of 2005, which speaks of cognisance of offences committed under the Act of 2005 and requires a complaint as to such commission being made by the National Authority, the State Authority, the Central Government, etc. authorised in that behalf by the Authority or Government or any person who has given notice of not less than 30 days of the alleged offence and his intention to make a complaint to the named authorities, the court further stated.
The registration of the FIR in relation to the offence allegedly committed under Section 51(1)(b) of the Act of 2005 is therefore unsustainable in law, it mentioned.
YFPHR appreciated the High Court of Manipur for accepting the application and quashing the FIR registered by the Porompat Police Station.
The FIR was lodged against YFPHR president Kh Phajaton and its secretary T Shadishkanta for appealing to the government of Manipur to shift the location of construction of 200 bedded quarantine centre from Langthabal Loukol to Old Airfield of Koirengei on April 1, 2020.
In a release, FPHR appreciated the counsel L Sevananda and the public prosecutor of the High Court of Manipur for delivering justice.
YFPHR will continue to work with full commitment against the violation of human rights in Manipur and North East in general, it stated.
