Crowds & riots control

THE TRIGGER happy policemen have quite often come in for severe criticism throughout the country for allegedly killing people while quelling riots, dispersing unlawful assemblies, controlling crowds, etc. While there may be an immediate cause for the people to indulge in rioting, the police must exercise restraint even under grave provocation and try to counsel those spearheading any agitation not to take the law into their own hands.

The police must be tactful in dealing with a particular situation and exhaust all channels before using force. Experience has shown that rioting takes place due to inept handling of the situation at the initial stage by the lower ranks. It is essential that the seniors issue proper guidelines to them and ensure that force is used only as a last resort.

Sometimes there is a sudden outbreak of riots when the policemen use force under compelling circumstances and in the process commit excesses against the hapless persons resulting in grievous injuries to them or death. People usually get set against the police in the event of any custodial death and gather to assault the policemen or even burn the police station.

Such situations can be averted if policemen are not allowed to transgress their legal limits by the seniors. It is their indulgence in barbaric and inhuman acts which arouses the adverse opinion in the minds of the people. It is, therefore, imperative that the seniors keep their men under check and ensure remedial measures at the very beginning.

Restrictions

Political parties and social organisations have a constitutional right to assemble peacefully without arms to discuss their programmes and policies. Freedom of speech and expression is guaranteed under Article 19(1) (a&b). However, the government is empowered under Article 19 (1 to 6) to enact laws to control this right in some cases in public interest. According to the legal luminaries, the restrictions must be for a particular purpose mentioned in the clause permitting imposition of restrictions.

Sometimes processions are taken out by religious organisations or by the political parties. The political parties usually organise processions/rallies to demonstrate their strength and focus the attention of the people as also of the government on certain demands. In such cases the organisers have to take prior permission. Permission to take out processions is granted under section 30 of the Police Act 1861 or under the Acts/rules enacted by various States. The police have legal powers to regulate the flow of procession and traffic so that the normal life is not thrown out of gear when thousands converge on roads.

Several cases have come to notice when a peaceful assembly of persons had turned violent in the past, particularly when provocative communal slogans were raised and inflammatory speeches made along communal lines in a bid to arouse sentiments and whip up the feelings of the people. In such an event the police usually exhort the crowd to disperse. Disobeying the orders given by the police makes the assembly "unlawful."

Having lawfully assembled, the participants make the assembly unlawful when they in furtherance of common objective commit an unlawful act to resist the execution of any law or any legal process under section 141 (ii) of the IPC. Members of an unlawful assembly committing a violent act in prosecution of a common objective are liable to be charged with offence falling under section 149 IPC (forming an unlawful assembly and rioting). The Supreme Court has held that the members of public who try to enforce a right, of which they are not in enjoyment, cannot be said to be acting in self-defence.

Persuasive methods

The police must have recourse to persuasive methods when immediate breach of peace is apprehended. It would be advisable for the top echelons of police to negotiate with the organisers/leaders of the processions/rallies to arrive at an amicable settlement. The officer on duty must assess the whole situation and the magnitude of the problem as in the event of any hasty action, the situation might go out of control.

In case it is alleged that certain policemen had acted unlawfully or assaulted the people, it would be essential to isolate the policemen involved and order an immediate inquiry. The organisers must be briefed about it, which would go a long way to satisfy them. Where, prima facie, the guilt of the erring policemen is found beyond doubt, the senior police officer at the spot should order their suspension followed by legal/departmental action. Such a step may defuse the serious situation.

When the persuasive methods fail and the demonstrators indulge in unlawful acts, the seniormost officer not below the rank of officer incharge of police station or any executive magistrate having lawful jurisdiction can declare an assembly unlawful. The officer incharge of police station has a statutory right to disperse an unlawful assembly under section 129 CrPC. Warning must precede the use of force. In case the warning is not adhered to, minimum effective force is to be used.

Teargassing is the simplest and the easiest method to disperse a riotous mob and an unlawful assembly. In the event of teargas becoming ineffective, the sprinkling of water may be done and if that also remains ineffective, lathicharge may be resorted to. In case the members of an unlawful assembly indulge in firing, stabbing, burning of the private/government property, firing may be resorted to as a last measure in accordance with the provisions of sections 96 to 106 of the IPC.

The senior police officers/magistrate present at the spot must warn the crowd in unequivocal terms to disperse failing which firing would be resorted to. This may scare the crowd. This may even precede the firing of shots in the air. In case the warning does not have any effect, minimum effective force will be used and targets to be fired upon shall be chosen and the firing squad should be explicitly instructed.

If any unlawful assembly cannot be otherwise dispersed and it is necessary for the public security that it should be dispersed, the executive magistrate of the highest rank present may cause it to be dispersed by the armed forces. Section 132 CrPC lays down that no prosecution against any person for any act purported to have been done under sections 129, 130, 131, CrPC by the police officer or armed forces officers shall be instituted in any criminal court, except with the sanction of the Central Government, where such person is an officer or member of the armed forces, and with the sanction of the State Government in any other case.

H.L. KAPOOR

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