The Allahabad High Court recently commented that the use of phrases like 'dekhte hi goli maar di jayegi' and 'trespassers will be shot' on signboards outside installations/stations is inappropriate. The court suggested that the Central Government opt for gentler language to convey similar strict warnings.
Justice Shekhar Kumar Yadav's bench emphasized that while it's essential to prohibit trespassing into armed forces' premises for security reasons, the use of such messages/words can have a negative impact on children. Therefore, the Central Government is advised to exercise caution in employing such language.
The single judge made this observation while granting bail to a Nepali Citizen who had been accused of unlawfully entering Manauri Air Force Station in Prayagraj while intoxicated in February this year. The individual was charged under Sections 3 and 7 of the Official Secrets Act, 1923, and Section 461 of the Indian Penal Code.
The defendant argued that he entered the Air Force Station without any malicious intent, and no incriminating articles were found in his possession.
During the case hearing, the court inquired with the Central Government about the necessity of erecting signboards that could negatively impact passersby, particularly children.
In response to the Court's inquiry, the Central government informed the Court about the comprehensive security measures implemented by the defense forces to safeguard defense stations/installations effectively from intrusion, trespassing, and unauthorized access.
These measures include perimeter security, manned security personnel at entrances and exits, fencing of defense land, and the installation of cautionary boards with phrases like "Prohibited Area, Trespassers will be shot."
The Court was also briefed that the security of defense stations/installations is carried out to safeguard the nation's interests, and all measures are implemented with this overarching objective in mind.
However, it was mentioned that despite the implementation of reasonable security arrangements at defense stations/installations, incidents of intrusion and trespassing were on the rise.
In light of these arguments, the Court expressed its view that while trespassing on armed forces premises is prohibited for security reasons, the language "dekhte hi goli maar di jayegi" is not appropriate, and the Central Government should opt for softer language with caution.
Regarding the grant of bail to the accused, the Court, upon reviewing the case record and noting that the applicant was illiterate, of Nepali nationality, and possessed proper citizenship, decided to grant him bail.
Case title - Etvir Limbu vs. State of U.P. 2024 LiveLaw (AB) 378 [CRIMINAL MISC. BAIL APPLICATION No. - 18482 of 2024]
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