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IN THE HIGH COURT OF DELHI AT NEW DELHI
Mukta Gupta, J.
Sarmad Ahmed - Petitioner
Versus
State of NCT of Delhi & Ors. - Respondents
CRL.M.C.1681 of 2021
Decided On : 12-10-2021
Indian Penal Code,1860 - Section 188 - Epidemic Disease Act, 1897 - Section 3 - Disobedience to order duly promulgated by public servant – Charged - Petitioner left India for France and returned back to India - When petitioner returned back to India no orders directing mandatory institutional/home quarantine were in force - WHO declared Covid-19 as a public health – emergency - Much after petitioner came back to India from France on Government of India on issued guidelines in wake of Covid-19 situation thereby asking people to follow mandatory quarantine norm of 15 days for those who had travelled - Petitioner came back to India from France on Government of India on issued guidelines in wake of Covid-19 situation thereby asking people to follow mandatory quarantine norm of 15 days for those who had travelled to and from China, Italy, Iran, Republic of Korea, France, Spain and Germany.
Finding of the Court : As per charge-sheet, petitioner violated quarantine order dated which was in force till when guidelines were applicable to people who had come on or after petitioner not falling in that category having entered India - Court is of considered view that very genesis of prosecution case against the petitioner is faulted - Further though the case in charge-sheet is for violation - However, now in status report it is alleged that petitioner was out - It is thus evident that an all together new case is now being made out in status report which is contrary to the charge sheet - Be that as it may, besides conflicting stands in charge-sheet and status report, fact that once guidelines issued were applicable for people entering India same could not have been given further retrospective operation for petitioner who had arrived in country.
Result : Petition is disposed of
JUDGMENT :
1. By this petition, petitioner seeks quashing of charge-sheet dated 2nd April, 2021 filed by the respondent/State in FIR No.102/2020 dated 7thApril, 2020 registered at PS Madhu Vihar, District East, New Delhi for offences punishable under Section 188 IPC and Section 3 of the Epidemic Disease Act, 1897.
2. Grievance of the petitioner in the present petition is to the invocation of the quarantine order retrospectively and on the basis of an alleged violation based on the phone call detail of the petitioner, the above noted FIR stood registered and a charge-sheet filed.
3. Briefly the facts resulting in registration of the FIR No.102/2020 are that the petitioner left India for France on 19thOctober, 2019 and returned back to India on 5th February, 2020. When the petitioner returned back to India no orders directing mandatory institutional/home quarantine were in force. On 30th January, 2020, WHO declared Covid-19 as a public health emergency. Much after the petitioner came back to India from France on 5th February, 2020, the Government of India on 12th March, 2020 issued guidelines in the wake of Covid-19 situation thereby asking people to follow mandatory quarantine norm of 15 days for those who had travelled to and from China, Italy, Iran, Republic of Korea, France, Spain and Germany.
4. On 14th March, 2020 a person representing to be from Health Department visited the residential premises of the petitioner and asked about his travel plans which the petitioner informed. The petitioner also informed that he had no symptoms of Covid-19. On 22nd March, 2020 the Government of India announced one day Janta Curfew followed by the complete lockdown for a period of 21 days in order to contain the effect of spread of Covid-19. On 7th April, 2020 the above noted FIR was registered against the petitioner under Section 188 of the IPC, Section 3 of the Epidemic Disease Act, 1897.
5. The allegations in the FIR were that the petitioner was directed to keep himself in home quarantine from 16th March, 2020 to 30th March, 2020. To track the movement of the petitioner the CDR of his mobile phone was taken out and it was noticed that on 19th, 20th, 23rd March, 2020 and many other times he violated the condition of home quarantine, visiting various places without informing the competent authority, thereby endangering the life of general public.
6. On 4th December, 2020 the petitioner came to know about the registration of the said FIR. On 25th March, 2021 the petitioner was served with a notice under Section 41A of Cr.P.C.to appear at PS Madhu Vihar on 27th March, 2021 at 4.00 PM. On 2nd July, 2021 summons were issued to the petitioner. On 7thJuly, 2021 the petitioner received a phone call from PS Madhu Vihar asking him to collect the summons, hence the present petition.
7. As per the FIR, on 19th, 20th, 23rd March, 2020 and many other times, the petitioner violated the norms which fact came to be known to the respondent by analysing the call detail records of the petitioner. A status report in response to the present petition has been filed by the State. According to the status report, the CDR of the petitioner’s mobile phone was obtained from 15thMarch, 2020 to 6thApril, 2020 and on 3rdApril, 2020 the petitioner was found violating as he was found roaming at different places on 3rdApril, 2020.
8. Relevant clauses 12 and 17 of the guidelines issued by the Ministry of Home Affairs dated 24th March, 2020 are as under:
x x x
17. Any person violating these containment measures will be liable to be proceeded against as per the provisions of Section 51 to 60 of the Disaster Management Act, 2005, besides legal action under Sec. 188 of the IPC."
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