News By/Courtesy: Priyanka Patnaik | 17 May 2020 11:23am IST

HIGHLIGHTS

  • The imposition of section 144
  • The legality of these laws in this case
  • The aftermath of arresting for such frivolous cases

The Gujarat Police had arrested some students for playing PUBG (Player Unknown’s Battleground) in Rajkot. The case was registered under these laws
  • Section 188 of IPC
  • Section 135 of the Gujarat Police Act 1951
This was registered based on the notification issued by the police commissioner of Rajkot under section 144 of CRPC and Section 37(3) GPA. Due to this, there was a prohibition of playing of the game across Rajkot city and also the notice further stated that if it comes to their knowledge that someone is playing they will have t inform the police station.
The imposition of section 144
The legality of imposing section 144 is when there is a situation of nuisance and it is urgent. The reason to have this is to provide a reasonable and temporary remedy to a situation that has arisen. In the case of playing PUBG, it makes no sense sich it doesn't come under the per view of an emergency because it doesn't harm or pose as imminent harm to the public. The notification was passed because PUBG makes people violent and distracts them from academics. This was straight frivolous and it was not backed with any data to support and how does distraction from studies poses a risk to the public.
The authorities believe that banning the game for two months is the correct way to tackle violent behavior. This prohibition is not adequate and reasonable. There will be instances where there will be repetitive ordered under section 144 ad this is a clear cut excessive and arbitrary use of power by authorities.
The legality of these laws in this case 
According to Section 37 of GPA, it gives power to the commissioner and district magistrate for preventing disorder they issue orders in prohibiting certain acts.in section 188 IPC, a person can be arrested in case he disobeys the order by a public servant and such disobedience causes risks, annoyance, or injury to any person. So mere disobeying is not an offense and it has to be combined with the consequences.
Here as stated by the authorities the mental annoyance of the users of this game and doesn't come under this provision. The authorities haven't shown how this causes annoyance or interference with public safety. There is no proof as such that the accused have infringed public safety by playing PUBG. These arrests are not liable.
The aftermath of arresting for such frivolous cases
So the arresting of students for merely playing a game which is opposed by a small section of people is curbing their liberty. The arresting of these young people is a huge setback for their career and their future. It will be in the records and it will be very difficult for them to live in this society and also getting arrested for something so frivolous.

Section Editor: Pushpit Singh | 17 May 2020 17:24pm IST


Tags : #arrestedfor playingPUBG

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