Patna High Court Quashes FIR Against Retired DSP For Attending 'Fish Party' During Covid Lockdown
The Patna High Court has quashed a 2020 FIR against a former DSP for allegedly attending a “fish party” during the Covid-19 lockdown in violation of social distancing guidelines.
A Single Judge Bench of Justice Soni Shrivastava said that the petitioner may have committed an administrative lapse, but found that continuing the criminal case against him would not serve the interests of justice.
The petitioner was posted as DSP, Jehanabad when the FIR was registered against him, a Circle Officer and a Block Development Officer. They were accused of attending a fish party with around 20-30 people during the lockdown. The FIR invoked Sections 188, 269, 270 and 271 of the IPC and Sections 51(B), 56 and 57 of the Disaster Management Act, 2005.
The petitioner argued that even if he had acted contrary to the applicable norms, it could at best give rise to administrative liability for dereliction of duty and not criminal liability. He had also faced departmental proceedings over the incident and was given a minor punishment. His counsel further pointed out that the BDO and Circle Officer, who faced similar allegations, had been exonerated in an enquiry.
The petitioner also raised an objection under Section 60 of the Disaster Management Act. He submitted that cognizance of an offence under the Act could be taken only on a complaint by the authorities specified under the provision or by a person who had given the prescribed notice. According to him, that procedure had not been followed.
The High Court described the case as arising from a “petty issue” of attending a fish party during the lockdown. It noted that the allegation primarily concerned breach of social distancing norms. The Court observed:
“The allegation primarily pertains to violation of social distancing guidelines during the covid pandemic lockdown and the petitioner, who was the D.S.P., may have committed some administrative lapses but it is also a fact that the other co-accused persons faced with similar allegations have already been exonerated. It is also a fact that the petitioner was the then D.S.P. and is now a retired man from service, having an unblemished career.”
The Bench also took note of the fact that the investigation, despite the FIR having been lodged in April 2020, had still not concluded. It said the Covid-19 pandemic itself presented an “enormous challenge” and that the High Court's inherent powers could be invoked where continuation of criminal proceedings over violation of social distancing guidelines would amount to an abuse of the process of court.
The Court held that the prosecution did not deserve to be continued against the petitioner for securing the ends of justice. It accordingly quashed the FIR and the proceedings arising from it.
Case Title: Prabhat Bhushan Shrivastav v. State of Bihar and Ors.
Case Number: CRIMINAL MISCELLANEOUS No. 27903 of 2023
Appearance: Ms. Shilpi Keshri, Mr. Saurabh Keshri and Mr. Dhyanchand Thakur, Advocates, for the Petitioner; Ms. Meena Singh, APP, for the State. None appeared for the Opposite Party.