E-Paper
HC stays trials in 10,000 Covid violation cases across Punjab, Haryana, Chandigarh
The cases in question were registered under the Epidemic Diseases Act, 1897, and the Disaster Management Act, 2005, for violation of prohibitory orders during the Covid-19 pandemic
The Punjab and Haryana high court has stayed further probe and trial court proceedings in some 10,000 odd criminal cases registered during the Covid-19 outbreak in Chandigarh, Punjab and Haryana.
The cases in question were registered under the Epidemic Diseases Act, 1897, and the Disaster Management Act, 2005, for violation of prohibitory orders amid the pandemic.
“The Covid-19 pandemic was an enormous challenge to humanity. Nationwide lockdown had been imposed to curtail the spread of Covid-19 virus and orders were issued by the authorities under Section 188 IPC ….. People were, by and large, obeying these orders, but there could be emergent situations that may have compelled them to venture out of their homes in violations of the orders including the need for food, medicine, etc,” the bench of justice Anupinder Singh Grewal and justice Kirti Singh observed while passing the order.
Before considering the issue of invoking extraordinary powers to high court to quash these proceedings, as an interim measure, further proceedings in cases registered under Sections 188 (disobedience to order duly promulgated by public servant), 269 (negligent act likely to spread infection of disease dangerous to life) and 270 (malignant act likely to spread infection of disease dangerous to life) of the Indian Penal Code, read with Section 3 of the Epidemic Diseases Act, 1897, and Section 51 of the Disaster Management Act, 2005, without invoking other provisions of the IPC or other penal enactments, will remain stayed till the next date of hearing, the bench said, keeping the matter for hearing on March 14.
In November 2023, the high court had sought details of criminal cases registered for Covid violations between March 2020 and February 2022, during which pandemic-related restrictions remained imposed.
The order was passed during the resumed hearing of a suo motu plea in which the court was monitoring probes and trials in criminal cases against MPs and MLAs. It was during these proceedings that it had come to light that a large number of criminal cases against politicians were registered for Covid-19 related restrictions’ violations.
“..we have serious apprehensions as to whether these matters should continue clogging the judicial system, in view of the fact that those were extraordinary times when Covid-19 was raging and necessary instructions had been issued for the protection of citizens of this country,” the bench observed, seeking details of all criminal cases registered for Covid-related violations.
The Punjab government on Friday told the court that as many as 5,792 cases were pending trial/investigation for offences in question. About 12,000 of such cases had already been disposed of, additional advocate general Gaurav Garg Dhuriwala told the court.
On the other hand, Haryana informed that 4,494 cases were pending trial/investigation while a large number of such cases had already been disposed of.
The Chandigarh administration also informed about 114 such cases pending trial/investigation and further that as many as 974 of such cases had already been disposed of.
Deferring the hearing for March 14, the court gave time to respondents to furnish details of the cases that were pending investigation/trial under these sections without invoking other sections under the IPC or other penal enactments.
