Orissa High Court Quashes Criminal Case Against 146 Villagers Who Gathered In Church Amid COVID Restrictions To Offer Prayers For Departed Soul

The Orissa High Court has quashed a criminal case pending against 146 villagers of a village in Rayagada district for allegedly congregating in a Church to offer prayers for a departed soul at a time when the Covid-19 pandemic was prevailing and government guidelines restricting gatherings were imposed.

While granting relief, the Single Judge Bench of Justice Sashikanta Mishra said,

“…this Court finds lack of evidence of any criminal intention on the part of the Petitioners, rather, the congregation was for a pious reason to pray for a departed soul. Obviously, no criminality can be attributed in such a case.”

On July 13, 2020 one Edison Lima, who was Pastor of Baptist Church, Puttasingh in the district of Rayagada died. A monthly prayer was organised in the Church by the villagers of Puttasingh on August 13, 2020 to offer prayer for the departed soul.

While the petitioners had congregated, the local police personnel entered into the Church premises and accosted the petitioners as to why they had congregated in such large numbers violating the guidelines of the Government issued to tackle COVID-19 pandemic, which was then prevailing.

It was further alleged that the petitioners were not wearing masks and were not maintaining social distancing. Since such congregation was contrary to the Government guidelines, a case was registered under Sections 269/270/34 of IPC.

Subsequently, the chargesheet was submitted upon completion of investigation under the aforementioned sections. The Court below after taking into consideration the allegations and the statement of witnesses recorded under Section 161 of Cr.P.C., took cognizance of the offences. Being aggrieved by the said order, the petitioner approached the High Court assailing the same.

It was submitted for the petitioners that there is no material to show that the guidelines of the Government had been violated. Also, there is no evidence to show that because of such congregation there was spread of corona virus. Therefore, it was contended, initiation of the criminal proceeding against large number of innocent villagers amounts to an abuse of process of the Court.

Court’s Observations

After going through the FIR and the statement of the witnesses recorded under Section 161 of Cr.P.C., the Court found that there was indeed a congregation of more than 100 persons inside the Church at the relevant time.

Previously, the Court had specifically inquired as to if there is any evidence of any person belonging to the village having been affected by corona virus because of the said congregation. However, despite sufficient opportunity, the prosecution could not provide such information.

“It has not been indicated as to how big the Church was and what was the distance maintained between the Petitioners. That apart, there is absolutely no evidence to show that because of such congregation any person was affected by Corona virus immediately or shortly thereafter. It is to be noted that the sole purpose of issuing the guidelines by the Government was to stop the spread of Corona virus. As already stated, there is no evidence even, prima facie, to show that any such infection had happened because of the congregation in question,” the Court observed.

It relied on the decision of the Madras High Court (Madurai Bench) in A. Muniadhas v. The State, wherein a criminal case was initiated against the members of a political party for protesting against non-construction of Government Hospital at the allotted site during a time when the pandemic was at its peak.

Therein, the Court had found that the petitioner had raised a legitimate public issue and as a result no adverse consequence had ensued and further the petitioners had not indulged in any act of violence. Therefore, it had ordered to quash the pending criminal case against them.

“This Court finds the reasoning of the Hon’ble Single Judge of the Madras High Court quite applicable to the facts of the present case as has been narrated hereinbefore”, Justice Mishra concluded.

Accordingly, the criminal case pending against the villagers were quashed observing that no harm has, in fact, been caused by their alleged congregation and they did not have any criminal intention, rather they gathered to offer prayers to a departed soul.

Case Title: Midiyan Pani & Ors. v. State of Orissa

Case No.: CRLMC No. 701 of 2023

Date of Judgment: March 29. 2023

Counsel for the Petitioners: Mr. P.K. Mishra, Advocate

Counsel for the Respondent: Mr. M.R. Mishra, Addl. Standing Counsel

Citation: 2023 LiveLaw (Ori) 46

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