Court Holds Circulation of Message About COVID Cases Did Not Promote Enmity, Hatred or Ill-Will Between Groups
JAMMU, AUG 10 : The High Court of Jammu & Kashmir and Ladakh has quashed criminal proceedings against a man accused of circulating a WhatsApp message about COVID-19 cases, observing that causing fear or panic, by itself, does not constitute an offence under Section 505(2) of the Indian Penal Code (IPC).
The ruling was passed by Justice M. A. Chowdhary while hearing a petition filed by Sandeep Kumar Bhat against the Union Territory of Jammu & Kashmir.
The case arose from a WhatsApp message allegedly circulated by Bhat on March 28, 2020, during the initial phase of the COVID-19 pandemic. The message claimed that two COVID-19 positive cases had been detected at Migrant Colony, Jagti, Nagrota.
Following the circulation of the message, police registered a case, alleging that it had created fear and panic among the public, and invoked Section 505(2) IPC.
NO MATERIAL SHOWING PROMOTION OF ENMITY
While examining the allegations, the High Court observed that the case against the petitioner was essentially based on the circulation of information regarding the reported detection of COVID-19 cases in a particular locality.
The Court noted that there was no allegation or material indicating that the message was intended to promote, or was likely to promote, enmity, hatred or ill-will between different groups on the grounds contemplated under Section 505(2) IPC.
The Court made it clear that panic or fear alone cannot fulfil the mandatory ingredients of the offence.
COURT QUESTIONS PROLONGED INVESTIGATION
The High Court also took note of the fact that the FIR had been registered in March 2020, but the investigation had remained pending for nearly five years.
The Court observed that the authorities had failed to furnish a satisfactory explanation for the extraordinary delay in completing the investigation and filing the final report.
The Court further found that the prosecution had not produced material establishing that the petitioner intended to create enmity or hatred between different groups, or that the message was likely to have such an effect.
It also noted that the investigation had not established that the information circulated through the WhatsApp message was false or fabricated.
FIR AND CRIMINAL PROCEEDINGS QUASHED
The High Court held that even if the allegations contained in the FIR were accepted in their entirety, they did not disclose the commission of an offence under Section 505(2) IPC.
Accordingly, the Court quashed the FIR and all consequential criminal proceedings against Sandeep Kumar Bhat.
The Court observed that allowing criminal proceedings to continue in the absence of material establishing the essential ingredients of the alleged offence would amount to an abuse of the process of law and could result in a miscarriage of justice.
SECTION 505(2) IPC
Section 505(2) IPC dealt with statements, rumours or reports which were intended, or were likely, to promote enmity, hatred or ill-will between different groups on specified grounds.
The provision has since been replaced by the corresponding provision under the Bharatiya Nyaya Sanhita (BNS).
The judgment reiterates that criminal prosecution under such a provision cannot be sustained merely because a communication allegedly caused fear, anxiety or panic. The prosecution must demonstrate the specific statutory ingredients of the offence.
Advocate Ayushman Kotwal appeared for the petitioner, while Advocate Shazia Asaf and Deputy Advocate General P. D. Singh represented the Jammu & Kashmir administration.(KNC)
