[Epidemic Diseases Act] Karnataka High Court Quashes Case Against CM Siddaramaiah, Deputy CM Shivakumar For Alleged Violation Of Covid Restrictions
The Karnataka High Court on Friday quashed the case against Chief Minister Siddaramaiah, Deputy Chief Minister D K Shivakumar and others registered under the Karnataka Epidemic Diseases Act, 2020 and other sections of the Indian Penal Code, for carrying out a padyatra in January 2022, demanding implementation of Mekedatu project, when allegedly Covid-19 restrictions were in force.A single...
The Karnataka High Court on Friday quashed the case against Chief Minister Siddaramaiah, Deputy Chief Minister D K Shivakumar and others registered under the Karnataka Epidemic Diseases Act, 2020 and other sections of the Indian Penal Code, for carrying out a padyatra in January 2022, demanding implementation of Mekedatu project, when allegedly Covid-19 restrictions were in force.
A single judge bench of Justice M Nagaprasanna quashed the case saying,
“Whoever would contravene Sub section 1 of Section 5 would be punished is what the statute mandates. In terms of the statute there is no notification was issued by the State government then barring such activities. The notification which the State relies upon is the one issued under the Disaster Management Act and not under the Epidemic Diseases Act. Therefore unless notification under Epidemic Diseases Act is issued barring such activities, taking recourse to the Disaster Management Act and bring it into Epidemic Diseases Act is unavailable.”
It added “For the aforesaid reason the registration of the crime and the filing of charghseet by the police for violation of Epidemic Diseases Act is rendered unsustainable. All other offences alleged under IPC are offshoot of Section 5 of the Epidemic Diseases Act. That having been rendered unsustainable all other offences would also follow suit."
The 13 petitioners had approached the court questioning the complaint registered by one Vijaykumar, Tashildar, Ramanagara district, on January 12.
As per the complaint, in spite of the endorsement issued refusing permission and in contravention of government orders that were in existence to curb the spread of Covid-19, the petitioners went on with the Padyatra.
The plea had said that the impugned order passed by the magistrate taking cognizance suffers from total non-application of judicial mind and without appreciating as to whether the ingredients of the offences alleged in the chargesheet are prima facie made out against the petitioners in order to take cognizance or not. It was contended that the order dated March 17, 2022, is illegal and liable to be quashed.
Following this order the court also allowed four other petitions filed by Shivakumar, questioning levy of similar charges under the Epidemic Diseases Act and quashed the prosecution.
Case Title: D K SHIVAKUMAR & Others v. STATE OF KARNATAKA
Case No: CRL.P 5726/2022, CRL.P 3328/2023, CRL.P 3330/2023, CRL.P 3348/2023, CRL.P 3349/2023
Citation: 2023 LiveLaw (Kar) 223
Date of Order: 16-06-2023
Appearance: Advocate Arnav A Bagalwadi for petitioners.