Kerala Court Acquits MP Hibi Eden, LoP VD Satheeshan, 6 Other Congress Leaders In 2020 Case For Participating In Protest During COVID-19

A Kerala Court recently acquitted eight Congress leaders in the case alleging that they had organized themselves into an unlawful assembly in the year 2020, so as to spread COVID-19, thereby flouting then in force government orders and guidelines of the health department in this regard. 

The case was registered in June 2020 against Member of Parliament Hibi Eden, Leader of Opposition VD Satheeshan, the Members of Legislative Assembly TJ Vinod, Anwar Sadath, and Roji M. John, and Congress Leaders V.P. Sajeendran, M.P. John and Tony Chammani.

Additional Chief Judicial Magistrate at Ernakulam, Naina K.V., passed the Order noting that the prosecution failed to adduce evidence to prove the allegations. 

The prosecution case against accused Congress leaders was that they assembled near Menaka bus stop demanding the government to bring expatriates to Kerala in the event of outbreak of COVID-19. It was alleged that they had conducted the strike in violation of the Government orders and guidelines of the Health department restraining public assembly, unnecessary journeys and conducting public functions, during the pandemic. The accused politicians were therefore alleged to have acted negligently so as to spread COVID 19 and cause danger to public safety. 

They were accordingly charged with offences punishable under Sections 143 ('Punishment for Unlawful Assembly'), 147 (Punishment for Rioting) read with 149 ('Every member of unlawful assembly guilty of offence committed in prosecution of common object'),188 ('Disobedience to order duly promulgated by public servant'), 269 ('Negligent act likely to spread infection of disease danger­ous to life') and 271 ('Disobedience to quarantine rule') of the Indian Penal Code; Section 118(e) of the Kerala Police Act ('Penalty for causing grave violation of public order or danger'), and Section 4(2)(a) ('Power to take special measures and specify Regulations as to epidemic disease') read with Section 5 (Penalty thereof) of the Kerala Epidemic Disease Ordinance, 2020. 

The accused persons however, averred that a false case was registered against them, so as to suppress the protests against the State Government. It was argued by Advocate Mohammed Siyad on behalf of the accused that no specific acts alleged to have been committed by the accused persons had been stated in the prosecution records and that no evidence was adduced. He further submitted that there was no evidence to prove that the accused had committed unlawful assembly. 

The Court noted that prosecution had failed to produce investigating officer as a witness. Additionally, it observed that although the allegation against the accused persons was that they had gathered in pursuance of their common object to spread COVID-19, no evidence was produced to prove that they shared such an object. 

"In the instant case, the common object of the accused as projected by the prosecution was to spread COVID-19. The prosecution could not adduce evidence to prove that the accused did not keep social distance or that they violated the orders of government and guidelines of the health department...There is absolutely no evidence to prove that the accused formed themselves into an unlawful assembly and committed rioting. Hence, I find that prosecution has failed to prove that the accused persons have committed the offences punishable u/s.143, 147 r/w 149 of the Indian Penal Code. Hence these points are found against the prosecution," the Court observed. 

The Court also observed that the prosecution could not adduce any evidence to prove the social distance to be kept on the date of occurrence of the alleged incident.

The Court thereby found that the offences alleged against the Congress leaders under Sections 269, and 271 IPC along with Section 118(e) of the Kerala Police Act, and the provisions of the Kerala Epidemic Disease Ordinance, 2020 also could not be proved by the prosecution. 

The Congress leaders were thus acquitted of all the charges levelled against them, and they were set at liberty. 

Assistant Public Prosecutor Grade Namitha Jathavedan appeared on behalf of the State. 

Case Title: State v. Hibi Eden & Ors. 

Click Here To Read/Download The Judgment