PIL at the behest of third party to quash FIR sets wrong precedent under criminal law: Supreme Court

The Supreme Court on Friday observed that entertaining a public interest litigation by a third party to quash a First Information Report (FIR) would set a wrong precedent under criminal law (Pradeep Kumar Yadav v. Union of India). .The Bench of Justices DY Chandrachud and MR Shah was hearing a plea seeking to quash FIRs registered against at least 24 persons for putting up posters criticizing the Central government's COVID-19 vaccination policy."We cant quash the FIR at the behest of third party. We cant start entertaining PIL's for quashing of FIR's. This will otherwise set a very wrong precedent in criminal law," the Court said..It also proceeded to caution the counsel appearing in the matter. "Please don't file these kind of public interest litigations," the Bench remarked. .The plea was eventually withdrawn by the petitioner. However, the Court in its order recorded that withdrawal of the plea will not stand in the way of any aggrieved individual pursuing rights and remedies in accordance with law..The petition filed by Advocate Pradeep Kumar Yadav prayed for directions to the Delhi Police to refrain from registering FIRs or acting against those who allegedly put up posters across the national capital on vaccine policy.The posters spotted across the city had messages like: "Modi ji, aapne humare bacchon ki vaccine videsh kyu bhej diya?" (Modi ji, why did you send vaccines meant for our children abroad?).Subsequently, arrests were made by four different divisions of the Delhi Police - Eastern Range, East, Central and Northeast - suggesting a coordinated operation on the officials' part, the plea claimed..Plea in Supreme Court seeks quashing of FIRs registered by Delhi Police for posters criticizing Centre's COVID-19 vaccine policy.The petition placed reliance on the recent order passed by the Supreme Court in the suo motu case related to COVID-19, by which the top court specifically directed the Central and State governments not to register any criminal case over the public seeking medical help on the social media.However, contrary to the Supreme Court order, the "authorities are registering FIR against the innocent persons over their speech against the Hon’ble PM with regard to his official functions over the second wave of COVID-19 crises and Government vaccine policies," the plea said..The petitioner submitted that the FIRs were registered under relevant sections of the Prevention of Defacement of Property Act, Delhi Disaster Management Act, Indian Penal Code, Press and Registration of Books Act, Section 269 of the Indian Penal Code (IPC) (negligent act that is likely to spread infection of any disease dangerous to life) and Section 34 of the IPC (common intention)..[Read Order]

PIL at the behest of third party to quash FIR sets wrong precedent under criminal law: Supreme Court

Debayan Roy

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