Restrictions related to quarantine cannot be imposed retrospectively, as established by the court; guidelines inapplicable to individuals returning before the effective date.

Headnote:(A) Indian Penal Code - Section 188 - Epidemic Disease Act, 1897 - Quarantine order - Petitioner challenged the retrospective invocation of quarantine guidelines post-return from foreign travel, claiming no violation as guidelines did not apply to him - The Court ruled that restrictions cannot be imposed retrospectively, quashing FIR - Petitioner entered India on 5th February 2020, while guidelines took effect from 15th February 2020 - Hence, prosecution was not maintainable. (Paras 9, 10, 11)

(B) Legal principles - Retrospective application of statutes - It is established that a restriction cannot be applied retrospectively; guidelines issued cannot be retroactively enforced against individuals outside the effective dates. (Paras 9, 10)

Table of Content
1. background of fir and relevant guidelines (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8)
2. retrospectivity of guidelines and its implications (Para 9 , 10)
3. quashing of fir and conclusion of the petition (Para 11 , 12 , 13)

JUDGMENT

Mukta Gupta, J. By this petition, petitioner seeks quashing of charge-sheet dated 2nd April, 2021 filed by the respondent/State in FIR No.102/2020 dated 7th April, 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 19th October, 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 7th July, 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 15th March, 2020 to 6th April, 2020 and on 3rd April, 2020 the petitioner was found violating as he was found roaming at different places on 3rd April, 2020.

8. Relevant clauses 12 and 17 of the guidelines issued by the Ministry of Home Affairs dated 24th March, 2020 are as under:

"12. All persons who have arrived into India after 15.02.2020, and all such persons who have been directed by health care personnel to remain under strict home/institutional quarantine for a period as decided by local Health Authorities, failing which they wil

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