IMPORTANT POINT
There is absolute bar against Court for taking cognizance of offence under Section 188 of Indian Penal Code, except in manner provided by Section 195 of Cr.P.C.

JUDGMENT

Shivakant Prasad, J.—The petitioner is a social worker and a journalist by profession and a permanent resident of these islands and he has assailed the Aberdeen Police Station, FIR No.233 dated 27.04.2020 registered under sections 51 and 54 of the Disaster Management Act 2005 read with sections 188, 269, 270, 505(1)(b) of the Indian Penal Code, inter alia, on the ground that there is no ingredients of the offence as alleged in the FIR and the tweet of the petitioner does not form any substance for registration of the said FIR.

2. In view of pandemic situation due to Covid-19, complete lockdown was called on from the mid-night of 24th March, 2020 restricting the movement of individuals.

3. It is pointed that the situation was so grim in the islands and based on the letter of an advocate of Andaman and Nicobar Bar Association, the Hon’ble Chief Justice of Calcutta High Court was pleased to treat the said letter as a Public Interest Litigation and a Monitoring Committee was constituted by the Hon’ble High Court to monitor the mechanism being adopted by the Administration to handle the pandemic situation.

4. The petitioner tweeted on 26th April, 2020 in his twitter account which reads thus:-

“Tweet

Zubair Ahmed @zuba….Apr 26, 2020..

“Request #Covid 19 quarantine persons not to call any acquaintance over phone. People are being traced and quarantined on the basis of phone calls.

#StaySafeStayHome”

5. The petitioner further tweeted on 27th April, 2020 in his tweeter account with the following contents:

“Tweet

Zubair Ahmed @zuba….Apr 27, 2020..

“Can someone explain why families are placed under home quarantine for speaking over phone with covid patients?.”

@MediaRN_ANI @Andaman_Admn”.

6. Based on the said messages in his twitter handle, an FIR under reference was started which has been sought to be quashed in this revisional application under the provision of Section 482 of Cr.P.C.

7. Pursuant to the registration of the police case against the petitioner, he had to apply for his release on bail and by the order dated 28th April, 2020 passed in G.R.Case No.684 of 2020 the learned magistrate released the petitioner on interim bail.

8. Mr. Tabraiz, learned advocate for the petitioner submits that on perusal of the FIR and the provisions of sections 51 and 54 of the Disaster Management Act, 2005, no ingredients of the offence alleged is attracted against the petitioner. Identically, there is no ingredient of sections 188, 269, 270, 505(1)(b) of the Indian Penal Code which can attract the offence alleged in the FIR.

9. It would be profitable to reproduce the aforesaid provision of sections 51, 54 of the Disaster Management Act, 2005 for profitable appreciation of the case which enjoins thus:

“51. Punishment for obstruction, etc. – Whoever, without reasonable cause –

(a) Obstructs any officer or employee of the Central Government or the State Government, or a person authorized by the National authority or State Authority or District Authority in the discharge of his functions under this Act; or

(b) Refuses to comply with any direction given by or on behalf of the Central Government or the State Government or the National Executive committee or the State Executive Committee or the District Authority under this Act,

shall on conviction be punishable with imprisonment for a term which may extend to one year or with fine, or with both, and if such obstruction or refusal to comply with directions results in loss of lives or imminent danger thereof, shall on conviction be punishable with imprisonment for a term which may extend to two years.

54. Punishment for false warning. – Whoever makes or circulates a false alarm or warning as to disaster or its severity or magnitude, leading to panic, shall on conviction, be punishable with imprisonment which may extend to one year or with fine.”

10. It is submitted that the aforesaid provisions, of section 51 of the Disaster Management Act, 2005 speaks of punishment for