Farmers Movement Archive

Aligarh police books farmers for burning effigy of PM

Agra: The Aligarh police on Thursday booked 8 persons, including five farmers, under section 6 of the United Provinces Special Powers Act (UPSPA) of 1932 along with other sections of IPC for allegedly burning an effigy of Prime Minister Narendra Modi during a nationwide protest against farm laws a day earlier. However, the case under UPSPA has been registered despite the Allahabad high court earlier opining that burning the effigy of a living person prima facie does not amount to violation under Section 6 of the Act. According to section 6 of the Act — Whoever with intent to annoy any person or with the knowledge that annoyance is likely to be caused to any person performs or takes part in or abets the performance of any mock ceremony, resembling any ceremony associated with or consequent upon death. The FIR registered at Mahua Khera police station states that the suspects violated the Act by allegedly burning effigy of the government besides violating prohibitory orders which are implemented across the state due to partial lockdown in view of pandemic and the Epidemic Diseases Act, 1897. Circle officer (civil lines) Vishal Chaudhary said that he is aware of the Allahabad high court’s observations but in this case, this section is valid because there are other sections also imposed along with section 6 of UPSPA Act. He said, “The offence under the Act is bailable and imprisonment may extend to three months or with fine not exceeding Rs 250 or with both.” According to reports appearing in the media, Justice JJ Munir of Allahabad high court had stayed criminal proceedings under UPSPA going on in a lower court (additional chief judicial magistrate, Jalesar, Etah) in August 2018, while hearing a case against 20 people who had allegedly burnt an effigy of the Samajwadi Party leader Akhilesh Yadav.Justice Munir had observed, “Burning of effigy of a living person is not prima facie an offence under section 6 of the United Provinces Special Powers Act of 1932, which makes organising the mock funeral of a living person an offence punishable with three months’ imprisonment along with a fine.” He had issued a notice to Darmendra Singh Yadav who had lodged the FIR.

The Times of India

2021-05-28

Agra