Covid: HC quashes 1,100 FIRs in 2 states, Chandigarh

The Punjab and Haryana high court has quashed 1,112 criminal cases registered during the Covid-19 outbreak in two states and Chandigarh for violation of prohibitory orders. The prohibitory orders were invoked in March 2020 after Covid-19 cases were reported in the country. The restrictions remained in force in various forms almost till February 2023.
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 are such, which were registered for Covid-19 related restrictions’ violations.
In November 2023, the high court had sought details of criminal cases registered for Covid violations between March 2020, when the restrictions kicked in, and February 2022, during which the pandemic related restrictions remained imposed.
“..investigations in some of these cases are still underway while other matters have been sent for trial. A large number of these cases are clogging the judicial system, which is already under strain due to a huge backlog. It would be expedient and in the interest of justice if the cases, which have been registered under Section 188 of the IPC (disobeying orders of a public servant), by the police and not by the authorised officer, are quashed by this court,” the bench observed while passing a common order.
The authorities had also told the court the Covid-19 pandemic posed an enormous challenge to mankind. It was an extraordinary and unprecedented situation. The law enforcement and other agencies, including those maintaining essential services, were overstretched and the general public at large was also facing great hardship as it was a compelling situation, it was submitted, adding that there were instances where people had to venture out of their houses in search of food, medicines or due to other emergent situations and in process, they violated the prohibitory orders issued by the authorities.
In some cases, the court had already quashed the FIRs as it came to light that as per the provision of Section 195 of the CrPC, it is mandatory that for such violations, complaint is lodged by the public servant authorised under the rules. However, it had come to light that in most cases as a large number of FIRs were registered due to prevailing circumstances, the FIRs were registered at the instance of the police and not by the public servant.