"Can't Tolerate Rumor-Mongers Creating Fear & Confusion": J&K Court Denies Anticipatory Bail To Accused Blocking Vaccination Drive

A Jammu & Kashmir Court last week denied anticipatory bail to a person accused of spreading disinformation against COVID-19 vaccination and obstructing the vaccination drive conducted by the Government noting that granting him bail would be like "adding a premium on his criminality".

The Court observed that few rumor-mongers are acting as a stumbling block towards the lofty and painstaking efforts of the government to ensure the safety of the people against the deadly COVID-19 virus by vaccination drives.

Regarding the alleged act committed by the Accused, the Principal Sessions Judge Tahir Khurshid Raina observed:

"By spreading rumours and disinformation campaign against the vaccination, the petitioner and their ilk are creating a lot of fear psychosis and confusion among the general public about the vaccination."

Further, noting the likelihood of a fatal third wave and the importance of vaccination the Court held thus:

"Such unsubstantiated and profane acts of the petitioner is not only grossly illegal but amounts to pushing the life of the people in peril, who, if not get promptly vaccinated, may fall prey to the deadly virus."

The Court also stressed that it is because of the myths and rumors spread by people like the petitioner that health workers face stiff resistance to vaccination, sometimes even subjected to assault.

The petitioner's act not only defeats the government's drive to achieve complete vaccination but also puts a large number of people in jeopardy, inciting skepticism and cynicism about vaccination, especially among people living in rural areas, noted the Court.

Background

The allegations against the petitioner pertained to blocking a vaccination drive headed by the Assistant Commissioner Revenue Kulgam whereby he restrained the general public from vaccination by provoking residents against the team, diverting attention to other unnecessary issues.

Consequently, a written complaint was filed by the Tehsildar based on which an FIR was lodged under Sections 188 (disobedience to order promulgated by public servant), 269 (negligent act likely to spread infection of disease danger­ous to life), and 353 (assault or criminal force against public servant) of the Indian Penal Code.

In his earlier application for bail apprehending arrest, he was granted interim anticipatory bail. However, on concurrence by the statements of the Tehsildar and the Revenue Officer recorded under Section 161 of the Cr. P.C, the Court refused to extend the protection.

The Court emphasized the importance of vaccination in these unprecedented times, relying on the World Health Organisation (WHO) opinion that "it is not the vaccine that will stop the pandemic but the vaccination".

In this backdrop the Court held,

"Our experts in the medical field acted as front warriors to save humanity and at the same time played an exemplary role in preparing a vaccine to act as a shield against the attack of the virus. Same when approved by the World Health Organization (WHO), was put into use for vaccination of the people at large in the world. Presently, a global vaccination drive is going on to save humanity from the threat of the pandemic."

Title: Ghulam Jeelani & Anr v. Union Territory of Jammu & Kashmir

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