Quashing of FIRs based on COVID-19 regulations requires clear evidence of promulgation and knowledge of the prohibition by the accused; failure to establish these negates the charges under relevant sections.

JUDGMENT

NEENA BANSAL KRISHNA, J.

1. The aforesaid Petitions have been filed under Section 482 Code of Criminal Procedure, 1973 ( Cr.P.C .) seeking quashing of various FIRs under Sections 188 /269/270/271/120B IPC read with Section 3 of the Epidemic Diseases Act, 1897 and Sections 51 /58 of the Disaster Management Act, 2005 , registered at P.S. Chandani Mahal, Sarai Rohilla, and Krishna Nagar between 31.03.2020 and 02.04.2020.

2. The brief background of the aforesaid cases leading to the registration of the aforesaid FIRs, may firstly be considered. Tablighi Jamaat, an Islamic self-reformatory movement for the followers of Islam, having its global Headquarters at the Nizamuddin Markaz, New Delhi, organizes annual religious congregation. On the aforementioned occasion, the followers and members of the Movement from across the globe, participate in this religious congregation at the Markaz. The details of which are formalized a year in advance, for the convenience of the foreign nationals to attend the same. This year, the congregation was scheduled for early March, 2020, well before the outbreak of COVID-19 pandemic.

3. On 11.03.2020, The World Health Organization declared novel Corona Virus (Covid-19) as a pandemic. On the same date, the Ministry of Health & Family Welfare, Govt. of India notified the suspension of visas till 15.04.2020 except for a few categories such as diplomatic, official, UN / international organization, Project visa.

4. On 13.03.2020, the Delhi Government pursuant to the powers conferred by the Delhi Epidemic Diseases, Covid-19, Regulations, 2020 under the Epidemic Diseases Act, 1897 , capped all sports gatherings (including IPL) / conferences and seminars at 200 persons. However, there was no mention in regard to prohibiting the religious congregations.

5. On 16.03.2020, the Delhi Government issued an Order in supersession of its earlier Order dated 13.03.2020, expanding the prohibitions to social, cultural, political, religious gatherings and academic/sports/seminars events, which was restricted to 50 persons.

6. On 22.03.2020, “Janta Curfew” was declared by Respondent No. 2 / Union of India, consequent to which a nationwide lockdown for a period of 21 days was declared to be in effect from 25.03.2020. There was four continuous extension of this Nationwide Lockdown, till 31.05.2020.

7. On 24.03.2020, ACP, Sub-Division- Darya Ganj issued an Order under Section 144 Cr.P.C . thereby prohibiting Social / Cultural / Political / Religious / Academic / Sports / Seminar / Conference in the wake of Covid- 19 pandemic.

8. On 31.03.2020, Crime Branch registered FIR No.63/2020 at PS Crime Branch under Sections 188 /269/270/271/120B IPC read with Section 3 of the Epidemic Diseases Act, 1897 and Sections 51 /58 of the Disaster Management Act, 2005 , against alleged organizers of Tablighi Jamaat. FIR No. 63/2020 is stated to be limited to Indian Nationals and alleged organizers of Jamaat congregation at Nizamuddin Markaz.

9. Additionally, the Respondents herein registered the Impugned FIRs at PS: Chandani Mahal, Sarai Rohilla, Krishna Nagar under Sections 188 /269/120B IPC, details of the same are as under: