Delhi Court acquits activist Shabnam Hashmi booked for flouting COVID lockdown rules

A Delhi Court has acquitted social activist Shabnam Hashmi and one Seema Joshi who were charged for flouting COVID related rules during lockdown by participating in a protest in 2020 [State Vs. Shabnam Hashmi & Anr.].

In October 2020, a police inspector allegedly spotted the two women leading an unauthorised protest on a street without wearing masks or following social distancing rules prevalent at the time. He allegedly took a video of the incident. 

A first information report (FIR) was registered against them under Sections 269 (negligent act likely to spread infection of disease dangerous to life), 188 (disobedience to order duly promulgated by public servant) of the Indian Penal Code and section 3 of the Epidemic Act (penalty for disobedience of rules) on the ground that the accused knew they were likely to spread COVID which is dangerous to human life and environment.

Judicial Magistrate First Class Divya Yadav observed that the investigating officer did not conduct a COVID test on them and there was nothing on record to show that they were COVID positive to spread the virus. 

“In the instant case the IO has not got conducted the covid-19 test of the accused persons and as such there is nothing on record which can suggest that the accused persons were covid-19 positive and could spread the said disease and accordingly, the ingredients of section 269 IPC are not fulfilled,” the Court stated. 

Further, the government order, which laid down the COVID regulations, was found to be an invalid document.

“The promulgation could not be proved as the same is not a valid document as the same undated, there is no dispatch number, the signatures of the ACP, Dwarka has also not been proved by the PW 4. Accordingly, it cannot be said that the said promulgation was formally issued by the ACP, Dwarka and hence ingredients of section 188 IPC are not fulfilled,” the Court stated. 

The Court also observed that the investigating officer did not seize the CD purported to contain the video of the protest. The certificate under section 65E of the Indian Evidence Act on electronic evidence was also found to be unreliable. The person who prepared the CD was not examined.

The investigating officer did not seize any banners or posters from the alleged protest site and did not examine any other participants in the protest, the Court noted.

Thus, the prosecution could not prove ingredients of offences against them accused beyond reasonable doubt, the Court concluded.

“To bring home the guilt of the both the accused persons , the prosecution was required to prove the ingredients of the offence punishable under section 269/188/34 IPC rw section 3 Epidemic act beyond reasonable doubt. There is no evidence to link both the accused persons with the crime charged against them,” the Court observed while acquitting the two accused. 

Additional Public Prosecutor Amit Sehrawat appeared for the State. 

Advocates S Baneerji and D Tulsiyani appeared for the accused.

[Read Judgment]