J And K HC Quashes ‘Frivolous’ COVID -19 Violation Case, Terms Proceedings ‘Abuse of Process’ [Read Judgment]

Jammu: The Jammu and Kashmir High Court has quashed criminal proceedings against three persons booked during the COVID-19 pandemic for allegedly violating prohibitory orders, stating that the FIR appeared to have been registered frivolously to harass the accused after they protested against the district administration.

Justice M.A. Chowdhary delivered the judgment criticising the registration of cases against protesters during the pandemic, noting that many state governments had withdrawn similar cases after the epidemic ended.

The court heard CRM(M) No. 859/2021 filed by Sher Mohd, Mohd. Shafi, and Mohd. Afzal, all residents of various villages in Tehsil Gool, District Ramban, seeking the quashing of Criminal Case No. 57 of 2021 arising from FIR No. 39/2021 registered on May 11, 2021.

The petitioners had been charged under Sections 188/147 IPC and Section 51 of the Disaster Management Act for allegedly gathering at Main Market Sangaldan and protesting against the district administration in violation of prohibitory orders issued under Section 144 CrPC due to COVID-19 restrictions.

The prosecution alleged that the accused had violated the District Magistrate Ramban’s order dated May 7, 2021, which restricted public movement and assembly as a precautionary measure during the COVID-19 epidemic, prohibiting more than four persons from assembling together.

However, the petitioners contended that the FIR was registered contrary to law, as it did not disclose any cognizable offence, and that the criminal proceedings were “manifestly attended with mala fides” and “maliciously instituted with ulterior motives for wreaking vengeance” on them for protesting against the administration.

The court noted that “the petitioners, who have been charge-sheeted, are three in number, and to attract the offence under Section 188 IPC for violation of an order issued under Section 144 CrPC, the number of such persons must exceed four to constitute an unlawful assembly.”

It further observed that “the impugned FIR appears to have been registered against the petitioners frivolously, as the officers felt offended by their protest, with an aim to harass them.”

The court concluded that continuing the trial would amount to “an abuse of the process of the court” and that “the FIR was registered without any reason, making their trial a travesty of justice.” It also noted that “many State governments in the Union of India had even withdrawn such cases against the violators of COVID-related orders after the epidemic was over.”

Allowing the petition, the court held that “to prevent abuse of process and to secure the ends of justice, the petition is allowed, and the impugned charge-sheet arising out of FIR No. 39/2021 of Police Station Gool, pending before the Judicial Magistrate, Gool, is hereby quashed.”

The court directed that the petitioners’ bail and personal bonds executed before the trial court, if any, stand discharged and ordered a copy of the judgment to be forwarded to the trial court for record and compliance.

The petitioners were represented by Mr. Nadim Bhat, Advocate, while Mr. Eishaan Dadhichi appeared as Government Advocate for the Union Territory.

Case Title: Sher Mohd & Ors vs. Union Territory of Jammu & Kashmir & Ors

[Read Judgment]