Violation Of COVID Norms: Karnataka High Court Quashes Criminal Proceedings Against Workers Of Campus Front Of India

The Karnataka High Court has quashed proceedings initiated last year against workers of now-banned Campus Front of India (CFI) for holding a meeting and gathering people at Dr.B.R.Ambedkar Bhavan, Bagalokot, when the authorities had prohibited such meetings on account of third wave of COVID-19.

Justice J M Khazi sitting at Dharwad bench allowed the petition filed by Khadar Basha and others who were charged for offences punishable under Sections 143, 270, 448 R/W Section 149 of Indian Penal Code, 1860 and Sections 4 and 5 of Epidemic Diseases (Amendment) Ordinance 2020.

The prosecution alleged that all the accused persons including the petitioners, being the workers of Campus Front of India, held a meeting at Dr.B.R.Ambedkar Bhavan and gathered around 130 students from different places, though there was prohibition for such meetings on account of third wave of COVID-19 and thereby committed the offences.

However, the petitioners contended that they have been falsely implicated. There is no evidence that petitioners were the organisers of the alleged event and that anyone of them was suffering from COVID-19, the court was told.

On going through the records the bench said: “In the present case, the allegation is that at the time when the accused persons were conducting a meeting, the third wave of Covid-19 was going on and as such, there was possibility of spreading of the same. However, no evidence is collected by the Investigating Officer to show that any of the accused persons or the spectators who had gathered was suffering from Covid-19 and therefore, the offence punishable under Section 270 cannot be invoked.”

The court also said Sections 4 of the Karnataka Epidemic Diseases (Amendment) Ordinance 2020, specifies the power to take special measures and "is a not penal provision so as to constitute an offence punishable under the said Act."

“Section 5 of Epidemic Diseases (Amendment) Ordinance 2020 specifies that no person shall obstruct any officer or any public servant while acting or purporting to act or discharging any duty in pursuance of any provision of this ordinance,” it added.

The court said there is no allegation that the petitioners obstructed any officer or any public servant while acting or purported to act or discharging any duty in pursuance of any provision of this Act.

"Hence, provisions of Section 4 and 5 of Epidemic Diseases (Amendment) Ordinance 2020 are also not attracted," said the court. 

The court also said that in absence of any material that the petitioners criminally trespassed into the premises in question, "the charge sheet filed for the offence punishable under Section 448 I.P.C. is also not attracted.”

Accordingly it allowed the petition and said that already the coordinate bench has quashed the criminal proceedings against accused No.9.

“Consequently and for the above reasons, petitioners are also entitled for quashing of the criminal proceedings initiated against them,” it said.

Case Title: Khadar Basha & others And State of Karnataka

Case No: CRIMINAL PETITION NO. 104219 OF 2022

Citation: 2023 LiveLaw (Kar) 139

Date of Order: 16-03-2023

Appearance: Advocate Waqar Ahmed Shahpuri for petitioners.

HCGP Girija S Hiremath for Respondent.