Four people booked under Section 188 Indian Penal Code (IPC) for violating COVID-19 lockdown in Rumtse. The accused were arrested under FIR no. 43/2020 on April 5 at Kharu Police post and the vehicles were also seized.

Out of the four accused, three are residents of Leh and one from Thiksey village. Both the vehicles have an entry pass to Gya Meru signed by SDM Kharu. One of the entry pass states religious purpose whereas at Upshi check post they entered on the pretext of distributing sanitizers in Gya village. 

Jigmet Lundup, Village head of Gya said, “I was informed from the Upshi check post that two vehicles left to the village to distribute sanitizers. When they arrived, one of the faces among the four was familiar to all the villagers as he is a butcher and used to buy sheep and goats from the villagers earlier. I found suspicious and asked them about their purpose of visit. They said they were leaving towards ‘Phu’ to find sheep. I called up SDM to enquire about the same and found that the permission was given to them on the pretext of attending funeral rituals in Gya.”

He alleged that the SDM Kharu was reluctant to come to the Rumtse and handle the situation initially. 

Karma Sonam, Field Coordinator, Nature Conservation Foundation said, “We suspect that they have entered the area intending to hunt but since there is no concrete evidence it was difficult to prove legally. We found a sack and two knives along with them which were very suspicious, so we informed the Police and SDM Kharu regarding the matter”.

He said that when the whole region is fighting with the spread of COVID-19 few people with their irresponsible attitude tries to create more fear and panic among the people. 

Amidst nationwide COVID-19 lockdown and having Section 144 imposed in the district, it seems many are still not taking the whole situation seriously. However, the case poses a question of whether SDM Kharu can issue a pass to residents of Leh to enter Gya village? How administration is taking up the whole case and what measures will be taken to check whether the passes issued are for genuine reasons?

When asked District Magistrate, Leh Sachin Kumar Vaishya on the case, he refuses to comment.

Despite the violation of locked down, the incident also suspected poaching intention but because of the absence of any proof or evidence, no case was registered to the wildlife department. 

Sajid Sultan, Regional Wildlife Warden in a telephonic conversation with Reach Ladakh said, “Our team was present there when the four people were caught and they assessed the whole situation. They might have entered intending to hunt but since there is no guilty action to be proved we were not able to take cognizance legally”.

“Since there is a chance of poaching during the locked down days we have kept a strict vigilant in and around the area which are vulnerable for hunting”, he added.

 Meanwhile, on social media, an image of a car with a carcass of Himalayan ibex is being widely circulated linking it with the case of locked-down violation. On April 7, Sarpanch Gya, Tsering Dawa and village head, Jigmet Lundup in a letter clarified the post fake and irrelevant to the case. They said that the viral post has no relation with the case and appeals to people not to believe and spread such misinformation.

What is Section 188 and what happens if anyone violates the lockdown order?

Disobedience to order duly promulgated by public servant.—Whoever, knowing that, by an order promulgated by a public serv¬ant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple impris¬onment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.