'COVID-19 Pandemic Was Enormous Challenge To Humanity', Punjab & Haryana HC Stays Cases Lodged For Violation Of Lockdown, Until Further Orders

The Punjab & Haryana High Court on Friday stayed the proceeding in cases registered under Sections 188, 269, 270 IPC read with Section 3 of the Epidemic Diseases Act, 1897 and Section 51 of the Disaster Management Act, 2005 without invoking other provisions of the IPC or other penal enactments, as an interim measure.

A division bench of Justice Anupinder Singh Grewal and Justice Kirti Singh said, "The Covid-19 pandemic was an enormous challenge to humanity. Nation wide lockdown had been imposed to curtail the spread of Covid-19 virus and orders were issued by the authorities under Section 188 IPC read with Section 3 of the Epidemic Diseases Act, 1897 and Section 51 of the Disaster Management Act, 2005. People were, by and large, obeying these orders but there could be emergent situations that may have compelled them to venture out of their homes in violations of the orders including the need for food, medicine etc."

The Court is considering invoking Article 226 of the Constitution, to quash the proceedings initiated during the COVID-19 pandemic. 

This development came while hearing the Suo Moto proceedings on designated Courts for MPs and MLAs. The cognizance was taken to monitor the early disposal of pending criminal cases against MLAs and MPs following Supreme Court directions in November, 2023.

During the hearing, the Court noted that in November, it had "expressed serious apprehension about the clogging of the judicial system by a large number of cases under Section 188 IPC read with the Epidemic Diseases Act, 1897 and the Disaster Management Act, 2005."

It had also considered taking action across the board to benefit even those accused whose litigation is not being monitored by this Court in the writ petition.

In pursuance of the Court's direction, the counsel for the Punjab Government submitted that 5792 cases are pending trial/investigation under Section 188 IPC read with Section 3 of the Epidemic Diseases Act, 1897, and Section 51 of the Disaster Management Act, 2005 and other offenses, while about 12000 of such cases have already been disposed of.

"State of Haryana submits that about 4494 cases are pending trial/investigation under Section 188 IPC read with Section 3 of the Epidemic Diseases Act, 1897 and Section 51 of the Disaster Management Act, 2005 and other offences while a large number of such cases have already been disposed of," noted the Court.

The Court also took note of counsel for the High Court's submission that in compliance with the directions of the Supreme Court by the order dated 09.11.2023, the Punjab and Haryana High Court has created an independent tab on its website providing district-wise information about the details of the special cases pending and the stage of the proceedings.

The matter is now listed for March 14, for further proceedings.

Case Title: COURT ON ITS OWN MOTION(IN RE-DESIGNATED COURTS FOR MP'S/MLA'S) V/S STATE OF PUNJAB AND OTHERS

Click here to read/download the order