Case Note & Summary
The judgment concerns three criminal writ petitions filed by foreign nationals (petitioners) against the State of Maharashtra (respondent). The petitioners were prosecuted for offences under Sections 188, 269, 270, and 290 of the Indian Penal Code (IPC), Section 37(1)(3) read with 135 of the Maharashtra Police Act, 1951, Section 11 of the Maharashtra Covid-19 Measures and Rules, 2020, Sections 2, 3, and 4 of the Epidemic Diseases Act, 1897, Section 14(b) of the Foreigners Act, 1946, and Section 51(b) of the Disaster Management Act, 2005. The court examined the material on record and found that there was no evidence to show that the foreign nationals were infected with COVID-19 when they landed in India. Additionally, there was no material indicating that they violated visa conditions; visiting religious places does not constitute a visa violation. The statements of witnesses recorded during investigation did not show that the foreign nationals were propagating religion. The court held that continuing the prosecution under these circumstances would be an abuse of the process of court. Since none of the offences under the aforesaid sections were made out, the charge-sheets were quashed. The judgment was delivered by Justice M.G. Sewlikar, who agreed with the operative part of the judgment of Justice T.V. Nalawade but disagreed with some reasoning, particularly paragraph 35 of the main judgment. The court quashed the charge-sheets in all three petitions.
Headnote
A) Criminal Procedure - Quashing of FIR - Abuse of Process - Sections 188, 269, 270, 290 IPC, Section 37(1)(3) r/w 135 Maharashtra Police Act, Section 11 Maharashtra COVID-19 Measures Rules, Sections 2,3,4 Epidemic Diseases Act, Section 14(b) Foreigners Act, Section 51(b) Disaster Management Act - The court quashed charge-sheets against foreign nationals as the material did not show they were infected with COVID-19 upon arrival or violated visa conditions. Visiting religious places does not amount to violating visa conditions. Continuation of prosecution would be an abuse of process of court. (Paras 2-3)
Issue of Consideration
Whether the prosecution of foreign nationals under various penal provisions for alleged COVID-19 violations and visa breaches is sustainable when there is no evidence of infection or visa condition violation.
Final Decision
The court quashed the charge-sheets in all three criminal writ petitions, holding that none of the offences under the aforesaid sections are made out and continuation of prosecution would be an abuse of process of court.
Law Points
- Quashing of criminal proceedings
- abuse of process of court
- lack of prima facie case
- Sections 188
- 269
- 270
- 290 IPC
- Section 37(1)(3) r/w 135 Maharashtra Police Act
- Section 11 Maharashtra COVID-19 Measures Rules
- Sections 2
- 3
- 4 Epidemic Diseases Act
- Section 14(b) Foreigners Act
- Section 51(b) Disaster Management Act
Case Details
2020 LawText (BOM) (08) 10
Criminal Writ Petition No.548 of 2020, Criminal Writ Petition No.554 of 2020, Criminal Writ Petition No.552 of 2020
Konan Kodio Ganstone and others (in WP 548/2020), Hammd Abdulkadar Banota and others (in WP 554/2020), Asalebin Mohammad Noore and others (in WP 552/2020)
State of Maharashtra through Police Station Officer, Jamkhed Police Station (in WP 548/2020), State of Maharashtra through Police Station Officer, Newasa Police Station (in WP 554/2020), State of Maharashtra through Police Station Officer, Ahmednagar Camp Police Station (in WP 552/2020)
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Nature of Litigation
Criminal writ petitions seeking quashing of charge-sheets filed against foreign nationals for alleged offences under various penal provisions related to COVID-19 and visa violations.
Remedy Sought
Quashing of charge-sheets and criminal proceedings against the petitioners.
Filing Reason
The petitioners, foreign nationals, were prosecuted for offences under IPC, Maharashtra Police Act, Epidemic Diseases Act, Foreigners Act, and Disaster Management Act in connection with COVID-19 related allegations and alleged visa violations.
Issues
Whether the material on record shows that the foreign nationals were infected with COVID-19 when they landed in India.
Whether the foreign nationals violated visa conditions by visiting religious places.
Whether the continuation of prosecution amounts to an abuse of process of court.
Submissions/Arguments
The material placed on record does not show that the foreign nationals were infected with Covid-19 when they landed in India.
The material does not show that the foreign nationals violated visa conditions; visiting religious places does not amount to violating visa conditions.
Statements of witnesses do not show that the foreign nationals were propagating religion.
Ratio Decidendi
Prosecution of foreign nationals under various penal provisions for COVID-19 related offences and visa violations is not sustainable when there is no evidence of infection or violation of visa conditions. Visiting religious places does not constitute a visa violation. Continuing such prosecution amounts to an abuse of process of court.
Judgment Excerpts
The material placed on record does not show that when the foreign nationals landed in India, they were infected with Covid-19.
Similarly, the material placed on record does not show that the foreign nationals violated visa conditions.
Visiting religious places does not amount to violating visa conditions.
Continuation of prosecution against the petitioners in these circumstances would be an abuse of process of Court.
Since none of the offences under the aforesaid Sections are made out, the charge-sheets deserve to be quashed.
Procedural History
The petitioners filed three criminal writ petitions before the High Court of Judicature at Bombay, Bench at Aurangabad, seeking quashing of charge-sheets filed against them. The court heard the petitions and delivered judgment on 27 August 2020.
Acts & Sections
- Indian Penal Code, 1860 (IPC): 188, 269, 270, 290
- Maharashtra Police Act, 1951: 37(1)(3), 135
- Maharashtra Covid-19 Measures and Rules, 2020: 11
- Epidemic Diseases Act, 1897: 2, 3, 4
- Foreigners Act, 1946: 14(b)
- Disaster Management Act, 2005: 51(b)
