The Punjab and Haryana High Court quashed an FIR against a UN international civil servant accused of spreading COVID-19 in 2021. The authorities filed the FIR under Section 269 IPC and Section 51 of the Disaster Management Act, alleging negligence in spreading infection.
No Evidence Of COVID-19 Infection
Justice N.S. Shekhawat noted the petitioner tested negative for COVID-19 during RT-PCR tests conducted at airports in transit and in India. The court stated that the prosecution failed to demonstrate that the petitioner was infected.
No Grounds For Section 269 IPC Charges
The judge clarified that Section 269 IPC requires a negligent act likely to spread a dangerous infection. The investigation revealed no evidence to substantiate such an act by the petitioner.
Violation Of Section 188 IPC Not Proven
The court highlighted that authorities must treat any alleged violation of the Disaster Management Act as an offence under Section 188 IPC. However, the authorized public servant did not file any complaint as per Section 195 of the CrPC.
Without such a complaint, the police had no authority to prosecute under Section 188 IPC.
The court emphasized that the Ministry of Health and Family Welfare or a superior officer failed to file a valid complaint in this case.
Key Takeaways
FIR lacked evidence of negligence or infection.
Prosecution under Section 188 IPC was unauthorized.
Case highlights procedural lapses in filing complaints under the Disaster Management Act.
