Punjab and Haryana High Court to consider quashing of all FIRs in relation to violation of COVID norms

The Punjab and Haryana High Court is set to consider quashing all criminal cases initiated against various individuals by the police for violating official safety guidelines issued during the COVID-19 pandemic [Court On Its Own Motion v/s State of Punjab & Others]..A division bench of Justices GS Sandhawalia and Harpreet Kaur Jeewan on November 3 directed the States of Punjab and Haryana as well as the Chandigarh Administration to file a status report on such cases registered between March 15, 2020 and February 28, 2022..These cases were primarily registered under Sections 188 (disobedience to order duly promulgated by public servant) of the Indian Penal Code and provisions of the Epidemic Diseases Act, 1897 and the Disaster Management Act, 2005.“We have serious apprehensions as to whether these matters should continue clogging the judicial system, in view of the fact that those were extra-ordinary times when the Covid-19 was raging and necessary instructions had been issued for the protection of the citizens of this country,” the Court said..The Court, therefore, sought relevant information from the authorities on this aspect. The order was passed in the suo motu proceedings initiated by the Court in 2021 to monitor the progress of criminal cases against lawmakers in the region. After a status report before the Court revealed that a large number of cases under Section 188 IPC were pending, the Court had asked the amicus curiae in the case, Senior Advocate RS Khosla to address the Court on how such matters can be disposed of..In response, Khosla suggested that the Court could invoke its power under Article 226 of the Constitution of India to quash such proceedings.The Court then observed that such an exercise could be done for all such cases instead of restricting it to lawmakers alone. “We are of the considered opinion that if such an exercise is to be done, it should be done across the board rather than only to benefit certain set of persons whose litigation is being monitored by this Court in the present set of proceedings, on directions by the Apex Court," the Court said..Accordingly, the bench directed the States and the UT to file a status report on the number of such cases registered during the COVID-19 period including the ones pending before the courts.“The State shall also specify that whether any injuries have been caused to a public servant in which of the cases,” it said while adjourning the matter till February 9, 2024..Senior Advocate RS Khosla with Advocate Sarvesh Malik appeared as Amicus Curiae.Deputy Advocate General Arjun Sheoran and Additional Advocate General Saurabh Kapoor appeared for the State of the Punjab. Additional Advocate General Pawan Girdhar appeared for the State of Haryana.Senior Panel Counsel Dheeraj Jain with Advocate Sahil Garg represented the Union of India.Public Prosecutor Manish Bansal and Additional Public Prosecutor JS Toor represented the UT of Chandigarh.Advocate Rajeev Anand represented the CBI. Advocate Pankaj Bansal represented an applicant..[Read Order]