Punjab & Haryana High Court Expresses Concern Over Covid-Norms Violation Cases "Clogging" Criminal Courts

Raising concern over huge pendency of cases, the Punjab & Haryana High Court has directed both the states and U.T. Chandigarh to file status report indicating the number of cases pending, which were registered during COVID-19 like under Section 188 of the IPC read with the Epidemic Diseases Act, 1897 and the Disaster Management, 2005.A division bench of Justice G.S. Sandhawalia and Justice Harpreet Kaur Jeewan said, "We have already noticed on the last date the fact that the large number of such cases are pending, specially under Section 188 of the IPC read with the Epidemic Diseases Act, 1897 and the Disaster Management Act, 2005 and we have serious apprehensions as to whether these matters should continue clogging the judicial system, in view of the fact that those were extra-ordinary times when the Covid-19 was raging and necessary instructions had been issued for the protection of the citizens of this country."The Court further added, "We, accordingly, direct both the States of Punjab & Haryana and U.T. Chandigarh to file a status report indicating to us as to the number of cases of this type pending in the Courts which are clogging the criminal Courts and which were registered during the Covid-19 period i.e. between 15.03.2020 to 28.02.2022, so that further orders can be passed..."These observations were made while hearing a suo moto PIL in pursuance of Supreme Court's direction passed in 2021, to monitor the progress of cases pending in the State and ensure its compliance.While examining the status of pendency of cases, the Court noted that there were 73 accused registered under Section 188 IPC in 2020, whereas in another FIR from 2021 under Sections 188, 186, 353 and 332 IPC there are as many as 500-600 persons who have been arrayed as accused.The bench observed that the Amicus Curiae Senior Advocate R.S. Khosla had suggested to quash these cases under Article 226 of the Constitution. "...as Mr. Khosla has suggested that power under Article 226 of the Constitution of India can be invoked to quash the proceedings. We are of the considered opinion that if such an exercise is to be done, it should be done across the board rather than only to benefit certain set of persons whose litigation is being monitored by this Court in the present set of proceedings, on directions by the Apex Court," the Court said.While listing the matter for February 09, the Court directed, "both the States of Punjab & Haryana and U.T. Chandigarh regarding cases registered under Section 188 IPC and other provisions during the period of Covid-19 i.e. between 15.03.2020 to 28.02.2022, on the next date of hearing in terms of the above observations.""The State shall also specify that whether any injuries have been caused to a public servant in which of the cases," it added.Appearance: R.S. Khosla, Senior Advocate with Sarvesh Malik, Advocate (Amicus Curiae). Arjun Sheoran, DAG, Saurabh Kapoor, Addl. AG, Punjab.Pawan Girdhar, Addl. AG, Haryana.Dheeraj Jain, Sr. Panel Counsel with Sahil Garg, Advocate for the respondent-UOI. Manish Bansal, Public Prosecutor and J.S. Toor, Additional Public Prosecutor, U.T. Chandigarh. Rajeev Anand, Advocate for respondent-CBI.Pankaj Bains, Advocate for the applicant in CM-78-CWPIL-2022.Title: Court on its own motion v. State of Punjab & Ors.Click here to read/download the order

Punjab & Haryana High Court Expresses Concern Over Covid-Norms Violation Cases "Clogging" Criminal Courts

Aiman J. Chishti

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