Punjab and Haryana High Court Stays Proceedings in COVID-19 Lockdown Violation Cases

In a significant move, the Punjab and Haryana High Court has directed a stay on further proceedings in cases registered under Sections 188, 269, 270 of the IPC read with Section 3 of the Epidemic Diseases Act, 1897, and Section 51 of the Disaster Management Act, 2005, provided other provisions of the IPC or other penal enactments are not invoked.

The Court observed the inundation of the judicial system with a large number of cases under Section 188 IPC in conjunction with the Epidemic Diseases Act and the Disaster Management Act, arising from the COVID-19 pandemic lockdown. The States of Punjab, Haryana, and Union Territory of Chandigarh reported thousands of such pending cases. The Court, while hearing a suo motu case, considered the need for across-the-board action to alleviate the burden on the judicial system and the accused.

Acknowledging the unprecedented challenge posed by the COVID-19 pandemic, the Court noted the nationwide lockdown and the resultant legal actions against violators. “People were, by and large, obeying these orders but there could be emergent situations that may have compelled them to venture out,” the Court observed, indicating a nuanced understanding of the circumstances. In an interim measure, the Court exercised its power under Article 226 of the Constitution of India to stay further proceedings in specified cases.

The Court’s decision revolves around the interpretation and application of Section 188 IPC in the context of the Epidemic Diseases Act, 1897, and the Disaster Management Act, 2005, particularly in light of the extraordinary situation of the COVID-19 pandemic. The invocation of Article 226 signifies the Court’s constitutional authority to issue necessary directions in matters of public interest and justice.

The Court ordered the stay of further proceedings in the cases falling under the specified sections until the next date of hearing, set for March 14, 2024. This decision marks a temporary relief for individuals accused under these specific legal provisions during the pandemic lockdown.

Date of Decision: February 9, 2024.

COURT ON ITS OWN MOTION VS STATE OF PUNJAB AND OTHERS