Improper to allege violation of Covid-19 norms without issuing notification under Epidemic Prevention Act - Karnataka High Court

The Karnataka High Court recently quashed a case filed against Karnataka 'S Chief Minister Siddaramaiah and his deputy Chief Minister D K Shivkumar and others for violating Covid-19 restrictions during a padyatra in 2022. The accused had filed a petition in the High Court demanding the cancellation of the pending proceedings against them. The petitioners contended that the State Government had not issued any notification under the Epidemic Act to prohibit the Padyatra and such activities.                                                                          As per the case, the Congress party had organized a padyatra to launch the Mekedatu Reservoir Project on the Kaveri River. After which on January 12, 2022, the local Tehsildar lodged a complaint against Siddaramaiah and DK Shivakumar and others involved in the march.  It was alleged in the complaint that the accused had organized the padyatra without permission and violated the restrictions of Kovid-19. Based on this complaint the local magistrate had taken cognizance and the matter was sub judice in the magistrate's court.                       A bench of Justice M Naga Prasanna, hearing the matter, noted that the notification relied upon by the state was issued under the Disaster Management Act. Unless notification is issued under Epidemic Prevention Act for prevention of such activities, recourse to Disaster Management Act and bringing under Epidemic Act is unavailable .                                                                    Dismissing the case, the court said that Registration of case and filing of charge sheet by Police for Epidemic Prevention Act. not legal. In addition the charges framed under sections of the IPC are branches of section 5 of the Epidemic Act. In such a situation, when the offense under the Epidemic Act itself is not right in the eyes of the law, in that case, the charges under the sections of the IPC automatically become void.