Punjab and Haryana High Court Quashes FIR and Final Report for Violation of COVID-19 Regulations

In a significant ruling, the Punjab and Haryana High Court has quashed the First Information Report (FIR) and final report filed against Singer Gurnam Bhullar and others for alleged violations of COVID-19 regulations. The court held that the registration of the FIR and subsequent proceedings were not permissible under the law.

Justice Gurbir Singh, presiding over the case, emphasized the mandatory nature of Section 195(1)(a) of the Criminal Procedure Code (Cr.P.C.) and stated, “No court shall take cognizance of the offense punishable under Section 188 of the Indian Penal Code (IPC) unless a written complaint is made by the concerned public servant.” The court highlighted that the prosecution failed to comply with this requirement, rendering the trial and conviction void ab initio.

The case involved allegations that Singer Gurnam Bhullar and his companions had gathered at Prime Mall without permission during the COVID-19 pandemic and were shooting a film without observing necessary precautions. The FIR was registered based on reliable information provided by a police officer.

The court further emphasized that the COVID-19 pandemic constituted an extraordinary situation, necessitating strict compliance with government instructions and guidelines. The activities during the pandemic required permission from the concerned District Magistrate and adherence to the prescribed guidelines.

Justice Gurbir Singh stated, “The outbreak of the Covid-19 pandemic and the ensuing regulations imposed an extraordinary situation. No activity could take place without permission, subject to observing directions for preventing Covid-19 pandemic as issued by the Government.” The court referred to several precedent cases, including C. Muniappan vs. State of Tamil Nadu and Jiwan Kumar vs. State of Punjab, which supported the mandatory requirement of a written complaint by the concerned public servant for registering an FIR.

High court quashed the FIR and final report filed under Section 173 of the Cr.P.C., declaring them impermissible under the law. This ruling brings clarity on the necessity of following proper legal procedures in registering offenses related to COVID-19 violations.

Date of Decision: 05.07.2023

Gurnam Singh Bhullar vs State of Punjab