Jammu Kashmir: High Court Ends Four Year Ordeal For Ramban Men Accused Of COVID Lockdown Protest

Srinagar: The High Court of Jammu & Kashmir and Ladakh has quashed criminal proceedings against three Ramban residents accused of violating pandemic restrictions during a 2021 protest, ruling that the case appeared to have been registered "frivolously" and would amount to an abuse of the court’s process.

Justice M.A. Chowdhary in his five-page judgment said the FIR against Sher Mohd, Mohd. Shafi and Mohd. Afzal was lodged "without any reason and their trial would be a travesty of justice". The trio had been charged under Sections (Disobedience to an order lawfully promulgated by a public servant), 34 (Acts done by several persons in furtherance of common intention) and 147 (Punishment for rioting) of the Indian Penal Code and Section 51 (Punishment for obstruction) of the Disaster Management Act for allegedly defying prohibitory orders during the COVID-19 lockdown.

"It appears that impugned FIR came to be registered against the petitioners frivolously, as the officers felt offended by their protest against them, with an aim to harass them," Justice Chowdhary observed in the case (CRM(M) No. 859/2021) verdict. "Viewed thus, trial of the petitioners as accused in the case would be an abuse of the process of the court."

According to the prosecution, the three men gathered with others on May 11, 2021, in Sangaldan's main market to protest against the district administration, in violation of a May 7 order under Section 144 CrPC that restricted gatherings. The petitioners argued the charges were politically motivated and lodged because of their dissent.

State counsel maintained the accused had "intentionally" defied COVID orders, saying, "They are liable to be prosecuted for the commission of the offences which they had been found to have committed."

The judge, however, noted that to constitute an unlawful assembly under Section 188 IPC for violation of Section 144, the group must consist of more than four persons, while the charge-sheet named only three accused. "The case against the petitioners is not that they had protested against or violated the order passed by the District Magistrate (Mussarat Islam) in any manner, but it has been alleged that they had held a protest against the District Administration without clarifying as to what was the reason of protest," he wrote.

Justice Chowdhary also pointed out that many state governments had withdrawn similar cases after the pandemic ended. "To conduct trial of the petitioners would not serve the ends of justice," he ruled.

The court ordered the quashing of the charge sheet pending before the Judicial Magistrate in Gool, along with the discharge of any bail and personal bonds executed by the petitioners.

"A copy of this order be forwarded to the Trial Court for its record and compliance," the judgment concluded.

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