Punjab and Haryana HC quashes over 1,000 FIRs : Valley Vision

Punjab and Haryana High Court has quashed over 1,000 First Information Reports (FIRs) filed during the COVID-19 pandemic across Punjab, Haryana, and Chandigarh for violations of lockdown rules.

The FIRs were primarily lodged under Section 188 of the Indian Penal Code (IPC), which deals with disobeying orders issued by public servants. These cases, which were initiated between March 2020 and February 2022, were largely related to the violation of prohibitory orders during the nationwide lockdown imposed to curb the spread of the virus.

The court’s decision, dated October 1, was made public on Monday and came in response to a public interest litigation (PIL) that originated from a 2023 Supreme Court directive.

The directive had asked High Courts to monitor the progress of criminal cases pending against MPs and MLAs, with the High Court expanding its scope to address the overwhelming number of cases filed during the pandemic.

A division bench of Justices Anupinder Singh Grewal and Lapita Banerji noted the strain these cases placed on the already overburdened judicial system. “A large number of these cases are clogging the judicial system, which is already under strain due to a huge backlog. It would be expedient and in the interest of justice if the cases…are quashed by this court,” the bench observed.

The court highlighted the extraordinary circumstances brought about by the pandemic, emphasising that both law enforcement agencies and the public faced immense challenges.

“The COVID-19 pandemic posed an enormous challenge to mankind. It was an extraordinary and unprecedented situation,” the court stated. The bench further noted that many people had no choice but to violate lockdown rules while searching for food, medicine, or dealing with other emergencies, inadvertently disobeying prohibitory orders issued by authorities.

Another critical factor in the quashing of these FIRs was the legality of the cases themselves. The High Court observed that the complaints were initiated by police officers, rather than by authorized public servants, rendering them legally unsustainable.

Referring to Section 195(1)(a) of the Criminal Procedure Code (CrPC), the court pointed out that any complaint under Section 188 of the IPC must be initiated in writing by a duly authorized public servant. Since the majority of the FIRs were filed at the behest of the police, rather than an authorized officer, they could not be legally maintained.

“The investigations in some of these cases are still underway, while other matters have been sent for trial. A large number of these cases are clogging the judicial system,” the bench stated, adding that quashing these cases would serve the interest of justice.

In exercising its powers under Section 482 of the CrPC and Article 226 of the Constitution, the High Court aimed to prevent “abuse of the process of law” and to “secure the ends of justice.” The ruling brings relief to many individuals who had been caught up in legal proceedings due to lockdown violations.