Shoot-at-Sight Orders

Context:

Recently, the Manipur government authorised all District Magistrates to issue “shoot at sight orders” in extreme cases.

About the News:

The order came a day after violent clashes broke out at several places during the ‘Tribal Solidarity March’ called by the All Tribal Students’ Union of Manipur (ATSUM).
The march was organised in protest against the demand for inclusion of the state’s Meitei community in the Scheduled Tribe (ST) category, following an April 19 Manipur High Court directive.

Related Legal Provisions:

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 Sections 41-60 and Sections 149-152 of the CrPC, 1973.
Section 46 of the CrPC: 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.
Section 144 of the CrPC:
- It 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”.

Section 3 of the Armed Forces Special Powers Act, 1958, empowers the armed forces to use force in “disturbed areas”.

Judicial Verdict:

In “Jayantilal Mohanlal Patel vs Eric Renison And Anr.” case, the Gujarat High Court declared the shoot-at-sight orders imposed for breaking a curfew “void”.
In State Of West Bengal vs Shew Mangal Singh & Ors case, Supreme Court said that the respondents can seek the protection of order to open fire given by the senior and plead in defence that they acted in obedience to that order and therefore, they cannot be held guilty of the offence which they are charged. News Source: Indian Express