It would be more advisable to create awareness and consciousness among the public rather than putting them in jails or lock-ups which are already overcrowded with people violating social distancing protocols during COVID-19 crisis, the Allahabad High Court has noted.

Restraining these persons who, for some reason, violated social distancing norms may further aggravate the situation, the court said.

A Division Bench of Justices Sunita Agarwal and Saumitra Dayal Singh made the observations in an order on June 19. The court was hearing a petition by seven Agra residents who sought the quashing of an FIR against them for allegedly violating social distancing norms. As per the May 4 FIR, the seven faced charges under Sections 188 (disobedience to order) and 269 (negligent act likely to spread infection of disease dangerous to life) of the IPC.

The petitioners were part of a crowd of eight to 10 persons who had gathered at a public place in Malko Gali in Tajganj area of Agra, ignoring social distancing protocol.

The court said it did not find that any untoward incident had occurred, even as it noted that the people were under obligation to follow the protocol of social distancing in the collective fight of the country against the pandemic.

Food distribution

The court took into consideration the argument of the accused that they were distributing food to the poor in the locality during the lockdown when some people ‘suddenly’ gathered at the spot.

“Even the petitioners made all efforts to disperse them,” the court said.

The court said that the petitioners shall not be arrested in the case till the submission of the police report under Section 173 (2) Cr.PC provided they cooperate with the investigation.

The court also directed the accused to file an undertaking before the Senior Superintendent of Police, Agra, stating that they would follow all norms and protocol of COVID-19 and would not breach them in future.