Delhi Police files first FIR against street vendor; Shah says case 'dismissed'

New Delhi: Delhi Police registered its first FIR under provisions of the Bharatiya Nyaya Sanhita (BNS) against a street vendor for allegedly obstructing a public way in central Delhi's Kamala Market area on Monday, as the force filed more than 25 FIRs under various sections of the new criminal code.

The BNS and two other new criminal laws came into effect on Monday, bringing far-reaching changes in India's criminal justice system.

At a press conference, Union Home Minister Amit Shah said the Delhi Police "dismissed" the case filed against a street vendor after an investigation. "By using the provisions of review, police have dismissed this case," he said.

A Delhi Police officer said that they have initiated the process of quashing the FIR registered against the street vendor selling water bottles, bidi and cigarettes from a cart that allegedly obstructed a public way in the Kamala Market area.

"Police have started the process to quash the FIR against the vendor," the officer said, adding that the force will have to inform the court for formally cancelling the FIR.

The BNS, the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Bharatiya Sakshya Adhiniyam (BSA) replaced the colonial-era Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act, respectively.

The FIR (against street vendor) was registered under Section 285 of the BNS which states, "Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to Rs 5,000."

Police said 23-year-old Pankaj Kumar, a native of Patna, was found selling water, bidi and cigarettes from a cart under a foot overbridge near the New Delhi railway station around 12:15 am.

The FIR, a copy of which is with PTI, stated that a patrol officer asked Kumar to move his makeshift cart away from the path as it was hindering people's movement.

The officer also asked four-five passersby to become witnesses but they refused, the FIR stated.

After Kumar ignored the officer's instructions, a case was registered at 1:30 am.

The patrol officer used the e-Pramaan app to record the seizures made, the FIR further stated.

The app, handled by the Delhi Police's Crime Branch, will directly feed the content to police records for further investigation, the officer said.

Meanwhile, a senior police said that over 25 FIRs were registered on Monday in different cases which included attempt to murder, illegal encroachment, thefts and road accidents.

So far, the Delhi Police has imparted training to its 30,000 personnel -- from the ranks of assistant sub-inspectors and inspectors to assistant commissioners and deputy commissioners -- who are responsible for registering FIRs and conducting investigations.

The force was among the first in the country to start training personnel on the new criminal laws, the officials said.

Meanwhile, the officials said that the Delhi Police staff across police stations did not face any hiccups in registering FIRs as they have been trained in dealing with cases being registered under the new law.

"None of the police stations of North district reported any challenge while registering an FIR," a senior police officer of the district told PTI.

Another police officer from the Outer district said that staffers are fully prepared and trained to register cases under the new law.

"Not even single problem was reported today. All the officials are well trained," said the officer.

Hawkers Association slam first FIR

The National Hawker Federation, Delhi, slammed the first FIR registered against a street vendor and termed it "targeting of the underprivileged" and "misuse of power".

The association of the street vendors, which has more than 800 street vendor organisations, 11 central trade unions and NGOs across India and abroad, called on the human rights advocates and citizens to raise their voice against the incident.

The police registered an FIR against the vendor for allegedly obstructing a public way to sell goods at a foot overbridge near the New Delhi station.

Criticising the action, the federation in a statement said, "It is a travesty that in a country where the Street Vendor Act 2014 was passed with full support from all political parties to protect and uplift street vendors, the very first FIR under the new Bharatiya Nyaya Sanhita targets not a criminal, but a street vendor struggling to earn a living."

Sandeep Verma, convenor of the National Hawker Federation - Delhi, said "this incident highlights a gross misuse of power and a blatant disregard for laws meant to protect the underprivileged".

"We vehemently oppose this arbitrary police action and pledge to take all possible legal measures against this injustice. Furthermore, we are committed to organising a robust, constitutionally-backed movement to ensure the rights and dignity of street vendors are upheld," Verma said in a statement.

The federation demanded to immediately take back the case and urged the authorities to adhere strictly to the provisions of the Street Vendor Act, 2014.

The police has registered an FIR under Section 285 of the BNS which states, "Whoever, by doing any act, or by omitting to take order with any property in his possession or under his charge, causes danger, obstruction or injury to any person in any public way or public line of navigation, shall be punished with fine which may extend to Rs 5,000."

Inputs from PTI