Circulating WhatsApp message of COVID cases in locality not offence under Section 505 IPC: J&K High Court

The Jammu and Kashmir High Court recently quashed a six-year-old criminal case registered against a man for allegedly circulating a WhatsApp message in 2020 claiming that two COVID-19 positive cases had been detected at a locality in Jammu [Sandeep Kumar Bhat V/s UT of J&K].

Justice MA Chowdhary observed that the creation of panic or fear by such an act, by itself, does not satisfy the ingredients of the offence under Section 505(2) of the Indian Penal Code (IPC).

"The allegation against the petitioner is only that he circulated a message regarding detection of two Covid-19 positive cases in a particular locality, which allegedly created panic. There is no allegation that the message was intended to create, or was likely to create, feelings of enmity, hatred or ill-will between any two groups based on religion, caste, community, language or any other ground contemplated under Section 505(2) IPC. The creation of panic or fear, by itself, does not satisfy the ingredients of the offence under Section 505(2) IPC," the Court said.

The case concerned one Sandeep Kumar Bhat. Bhat was accused of circulating a message in a WhatsApp group on March 28, 2020, stating that two positive COVID-19 cases had been found at Migrant Colony, Jagti, Nagrota.

The circulation of this message allegedly created panic in society, prompting the police to register a criminal case against Bhat. Section 505 (2) of the IPC was invoked in this case.

This provision (now replaced by Section 353, BNS) dealt with the act of making, publishing or circulating any statement, rumour or report with the intent, or likelihood, of creating or promoting feelings of enmity, hatred or ill-will between different groups on grounds such as religion, race, caste, community or language.

In its August 7 ruling, the High Court took note of the fact that the FIR had been registered in March 2020, but the investigation had still not culminated in the filing of a final report.

The Court held that the authorities had failed to provide a satisfactory explanation for this extraordinary delay.

The Court further observed that even after nearly five years of investigation, the prosecution had failed to place any material showing that Bhat possessed any intention to promote enmity or hatred between different groups, or that the message he shared was likely to do the same.

It also noted that the investigation had not established that the information allegedly circulated by Bhat was false or fabricated.

The High Court went on to hold that the allegations in the FIR, even if accepted in their entirety, did not disclose the commission of an offence under Section 505(2) IPC and that continuation of the criminal proceedings would result in miscarriage of justice.

Therefore, the Court proceeded to quash the FIR against Bhat.

“Permitting the investigation to continue indefinitely, despite the absence of material disclosing the commission of the alleged offence, would amount to abuse of the process of law,” the Court said.

Advocate Ayushman Kotwal appeared for Bhat.

Advocate Shazia Asaf and Deputy Advocate General PD Singh represented the Jammu and Kashmir administration.

[Read Order]