Calcutta High Court quashes FIR against journalist for tweet questioning government COVID quarantine policy

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The Calcutta High Court on Wednesday quashed an FIR recorded against Port-Blair journalist Zubair Ahmad for his tweet questioning the government’s COVID quarantine policy.

Canceling the FIR, the judiciary Shivakant Prasad observed as follows:

“… to allow the criminal proceedings under the FIR registered against the applicant would amount to a simple abuse of process and a misuse of the power of the Court, because the allegation in the FIR seems absurd and no prudent person can ever reach a correct conclusion that there is sufficient cause to prosecute the accused / applicant. “

Ahmad’s tweets

The petitioner tweeted on April 26, 2020: “Ask people in quarantine #Covid 19 not to call any acquaintances by phone. People are wanted and quarantined on the basis of phone calls. #StaySafeStayHome”

Again, on April 27, 2020, he tweeted: “Can anyone explain why families are being placed in home quarantine for speaking on the phone with covid patients ?.” @MediaRN_ANI @Andaman_Admn “.

Now, based on these two tweets, an FIR had been registered against him under Articles 51 and 54 of the Disaster Management Act 2005 read together with Articles 188, 269, 270, 505 (1) (b ) of the Indian Penal Code.

Advanced submission

Regarding Article 51 of the 2005 Disaster Management Act, which speaks of punishment for disobeying regulations and obstructing a central or state government official or employee or refusing to comply with instructions given by or on behalf of the central government or the state government, the petitioner argued that there was no such case as it would result from reading the tweets posted by the petitioner.

Likewise, with regard to section 54 of the 2005 Act, it was alleged that there was no such appeal as the tweet did not concern any alarm or warning in connection with a disaster, nor the case of the state that the petitioner’s tweet had caused panic.

Further, regarding section 188 of the Indian Penal Code, which concerns disobedience to an order duly issued by an official legally authorized to issue such an order, the Applicant argued that there had been no disobedience to an order. taken by authority causing obstruction or discomfort or injury to any person.

Observations of the Court

It is important to note that article 195 of the CrPC provides that no court may hear an offense punishable under articles 172 to 188 of the Indian Penal Code, except on the written complaint addressed to a relevant official or to a other official to whom he is administratively empowered.

However, in the present case, the FIR had been filed with the Aberdeen police station and the initiation of the proceedings and the prosecution against the applicant were not at the instance of a person who lodged a complaint. before the Court.

Consequently, the Court ruled as follows:

“… it was not wise even on the part of the learned court and the magistrate to become aware of an alleged offense under section 188 of the Indian Penal Code … this Court finds that there is a absolute prohibition against the Court for having knowledge of an offense under article 188 of the Indian Penal Code, except as provided by article 195 of the Code and the cited decision easily applies to the offense in under section 188 of the Indian Penal Code. ”

Finally, with regard to the charges under Articles 269 and 270 of the Indian Penal Code, the Court held that the prosecution was required to prove the elements constituting the offense to demonstrate that the person had committed an act. that his move is likely to spread the infection of any life-threatening disease.

“There is no case brought before this Court that the petitioner was suffering from COVID 19 positive and was walking in and around the neighboring area or the locality in violation of the lockdown regulations due to the pandemic situation that arose. due to COVID 19 Therefore, this Court does not find prima facie, not even ingredients of the offense punishable under Articles 269 and 270 of the Indian Penal Code, ”the Court concluded while quashing the FIR.

Case title – Zubair PK v. The state

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