'Dekhte Hi Goli Maar Di Jayegi' & 'Trespassers Will Be Shot' Signboards Outside Defence Stations Not Proper: Allahabad HC

A bench of Justice Shekhar Kumar Yadav said that while it is true that trespassers are not allowed to enter the premises of armed forces for the purpose of security, such messages/words have a detrimental impact on children, so the Central Government may take caution in writing these types of words.

The single judge made this observation while granting bail to a Nepali Citizen who had been accused of illegally entering Manauri Air Force Station in Prayagraj in an intoxicated condition in February this year. He was booked under Sections 3 and 7 of the Official Secrets Act, 1923 and Section 461 IPC.

It was his case that he entered the Air Force Station without any ill intention of the applicant, and nothing incriminating article had been recovered from the applicant's possession.

During the hearing of the case, the court sought to know from the Central Government the requirement for putting up such sign boards having a detrimental effect on passersby, especially children.

In response to the Court's query, the Central government apprised the Court about the compressive security measures being taken up by the defence forces to protect the defence stations/installation effectively from any intrusion, trespassing and unauthorized access like perimeter security, manning of security personal at entrance and exit, fencing of defence land and installation of the cautionary board as such "Prohibited Area, Trespasser will be shot".

The Court was also informed that the security of defence stations/installations is being done to protect the nation's interests, and all measures are adopted/fostered in that essence only.

However, it was also admitted that despite reasonable security arrangements at defence stations/installations, instructions and trespassing were rising.

“Post Terror strike at Pathankot Air Base and Uri Army Base, a number of numerous measures have been initiated to enhance physical security of defence installation/station,” an affidavit of the Air Force read.

Against the backdrop of these submissions, the Court opined that while trespassing on armed forces premises is prohibited for security reasons, the language "dekhte hi goli maar di jayegi" is not proper, and the Central Government should exercise caution and use softer language.

Regarding granting bail to the accused, the Court, after perusing the record of the case and particularly seeing that the applicant was illiterate, belonged to Nepal and had proper citizenship, granted him bail.

Case title - Etvir Limbu vs. State of U.P. 2024 LiveLaw (AB) 378 [CRIMINAL MISC. BAIL APPLICATION No. - 18482 of 2024]

Case citation: 2024 LiveLaw (AB) 378

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