Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

OVERVIEW

  • On Wednesday 24th March, the Karnataka High Court has directed the State Government to take penal and other action for not wearing face-masks and violating the COVID-19 norm in a rally held on 21st February, 2021. The FIR against the Panchamshali Rally has been filed on 23rd march.
  • The division bench comprising of Chief Justice Abhay Shreeniwas Oka and Justice Suraj Govindaraj has previously on 21st March questioned the State Government for not instituting criminal proceedings against the rally that was held on 21st of February and stated that Lakhs of people are gathering together and no FIR is being registered is an act unpardonable.

BACKGROUND

  • Earlier on 21st March, the court has directed the state government to clarify its stand regarding the question that if it will register an FIR against the people attending the rally on 21st February or not.
  • Gathering such huge amount of people without face-mask is an offence under section 5(1) of the Karnataka Epidemic Diseases Act, committed by all people gathered.
  • The court had directed the State Government to clear its position on whether the offence under section 5 of the act is committed and compounded or not.
  • The matter was said to be heard next on 24th March.

FURTHER DETAILS

  • Advocate G R Mohan who appeared on behalf of the petitioner highlighted two events before the court. First, that there was a film promotion organised and the other a rally organised by BJP which was attended by CM B.S. Yediyurappa.
  • The court noted that total number of covid positive cases reported on 23rd march were 1280. The division directed the state government to ensure that penal and other actions are initiated in accordance with law.
  • The state government on the other hand stated that it had issued notice on 24th March, notifying the authorised officers and amount payable for compounding of offences committed under the Karnataka Epidemic Diseases Act, 2020.
  • Further, it was informed by the state government that an FIR against the organizer of Panchamshali rally has been filed.
  • The bench further directed the State Government to provide publicity to the notice which the State said it has issued on 24th march to inform the general public.
  • The said notice reads as follows-

“General public who violates the regulations/guidelines regarding compulsory wearing of masks and maintaining social distance (regulation 2), the compounding amount in BBMP Area shall be Rs 250 and in municipal corporation areas it will be Rs 250. The offence can be compounded by a BBMP marshal, a police official not below the rank of head constable, health inspectors of corporations and bill collectors of the municipal corporations. In areas other than municipal corporation the compounding amount is Rs.100.”

CONCLUSION

The division bench after hearing the submission of the state government has said “concerned officer shall ensure that the same is taken to its logical conclusion”. It further stated said- “We direct the state govt to look into the pictures produced along with the memo and ensure that penal and other action is initiated in accordance with law”.

The matter is to be heard again on April 8.

DO LET US KNOW IN THE COMMENTS BELOW OF HOW YOU THINK THE NOTIFICATION ISSUED BY THE STATE GOVERNMENT ARE GOING TO CHANGE THE SCENARIO OF POLITICAL RALLIES BEING HELD WHIL COVID SPREAD IS STILL THERE.

"Loved reading this piece by Pallavi Singh?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"




Tags :

  Views  61  Report



Comments
img