Delhi Court Acquits Social Activist Shabnam Hashmi In COVID Lockdown Protest Case

A Delhi court has acquitted social activist Shabnam Hashmi and another woman, Seema Joshi, in a case alleging violation of COVID-19 lockdown norms during a protest in Dwarka in October 2020.

JMFC Divya Yadav of Dwarka Courts said that the prosecution failed to prove the charges beyond reasonable doubt.

The FIR was registered at Dwarka South police station for the offences under Sections 269, 188 and 34 of the Indian Penal Code, read with Section 3 of the Epidemic Diseases Act.

It was alleged that Hashmi and Joshi, along with others, without mask and social distancing, were protesting on the streets without permission during the lockdown which was in violation of the notification promulgated by a public servant. Charges were framed against them on September 15, 2023. They pleaded not guilty and claimed trial.

While acquitting Hashmi and Joshi, the judge said that the IO failed to conduct the covid-19 test of the accused. The Court observed there was nothing on record to suggest that Hashmi and Joshi were covid-19 positive and could spread the disease.

“The CD of the alleged incident placed on record by the IO has not been formally seized by him, there is no seizure memo of the same on record and the same was not sent to FSL,” the Court said.

It added that the IO did not seize any banners and posters from the site which were used by the accused persons and had also not examined any other participants or made them witnesses in the case.

“Resultantly, both the accused person namely Shabnam Hashmi and Seema Joshi are hereby found not guilty and are hereby acquitted of the offence under Section 269/188 /34 IPC r/w Section 3 Epidemic Act,” the judge held.

Advocates Soutik Banerjee and Devika Tulsiyani represented Hashmi and Joshi.

APP Amit Sehrawat appeared for the State.

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