Violence in Uttarakhand's Haldwani | 10 Feb 2024

Why in News?

Recently, a violence erupted in Haldwani, Uttarakhand, after the demolition of an illegal madrasa.

Key Points

• The demolition was carried out by the municipal corporation in accordance with a court order that declared the madrasa as an encroachment on government land.
• The demolition triggered protests and clashes between two communities, resulting in injuries to several people, including police personnel.
• The state government imposed a curfew and issued a shoot-at-sight order in Haldwani and other sensitive areas to prevent further violence.
• Shoot-at-sight Order:
  • It is a term that refers to an order that authorizes the police or other security forces to shoot anyone who violates the order, without any warning or attempt to arrest them.
  • This order is used only in extremely rare and dangerous situations, when authorities feel there is a grave threat to public peace and security, and when lethal force is absolutely necessary.
  • Some of the legal provisions that allow the issuance of shoot-at-sight orders are:
    • Section 46 (2) of the Code of Criminal Procedure, 1973 (CrPC), which enables the use of force in the course of arresting a person who resists or evades the arrest.
    • Section 144 of the CrPC, which enables the use of wide powers while dealing with urgent cases of “apprehended danger” or nuisance through the issuance of orders.
    • Section 81 of the Indian Penal Code, 1860 (IPC), which says that nothing is an offense if it is done with the knowledge that it is likely to cause harm, but without any criminal intention, and in good faith for the purpose of preventing or avoiding other harm.
    • Section 76 of the IPC, which exempts such acts, if done by a person who believes himself to be bound by law to do it.