Punjab & Haryana High Court has temporarily suspended trials in 10,000 Covid-19 violation cases, citing challenges faced during the pandemic. Cases under the Epidemic Diseases Act, 1897, and Disaster Management Act, 2005, are affected by the stay, offering relief to those accused of breaching pandemic-related orders.
The Punjab and Haryana High Court has decided to stay further probe and trial court proceedings in approximately 10,000 criminal cases registered during the Covid-19 outbreak in Chandigarh, Punjab, and Haryana. These cases, filed under the Epidemic Diseases Act, 1897, and the Disaster Management Act, 2005, were related to violations of prohibitory orders implemented during the pandemic.
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The judges, Justice Anupinder Singh Grewal and Justice Kirti Singh, acknowledged the tough times caused by the Covid-19 pandemic. They emphasized the seriousness of the situation, especially during the nationwide lockdown, which led to the enforcement of orders under Section 188 IPC.
Section 188 IPC :
If someone disobeys an order from a public servant and causes annoyance or obstruction, they can be punished with up to one month in jail or a fine of up to two hundred rupees, or both. If the disobedience leads to danger or a riot, the punishment can be imprisonment for up to six months, a fine of up to one thousand rupees, or both.
The bench observed,
“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.”
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The court, considering the extraordinary circumstances, decided to temporarily stay further proceedings in cases registered under Sections 188, 269, and 270 of the Indian Penal Code, along with Section 3 of the Epidemic Diseases Act, 1897, and Section 51 of the Disaster Management Act, 2005. The stay does not invoke other provisions of the IPC or additional penal enactments. The bench has set the next date of hearing for March 14, providing time for respondents to furnish details of pending investigations and trials without invoking other sections.
In November 2023, the high court requested information on criminal cases related to Covid-19 violations between March 2020 and February 2022. This request was made within the court’s Suo moto plea, where it monitored investigations and trials of criminal cases against Members of Parliament (MPs) and Members of Legislative Assemblies (MLAs). The court voiced concerns about the possible congestion of the judicial system with cases under Section 188 IPC, the Epidemic Diseases Act, 1897, and the Disaster Management Act, 2005, during the period of pandemic-related restrictions.
Recent hearing, the Punjab government informed the court that 5,792 cases were pending trial/investigation, with about 12,000 already disposed of. Haryana reported 4,494 pending cases, while a significant number had been disposed of. The Chandigarh administration shared that 114 cases were pending trial/investigation, and 974 cases had already been disposed of.
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The Punjab and Haryana High Court has paused trials in 10,000 Covid-19 violation cases, acknowledging the challenges faced by the public during the pandemic and seeking a balance between justice and the extraordinary circumstances.
The next hearing is scheduled for March 14th.
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