Uttarakhand HC refuses to quash FIRs against former MLA who violated lockdown rules
Judiciary

Uttarakhand HC refuses to quash FIRs against former MLA who violated lockdown rules

Narayan Pal, a former MLA from Sitarganj constituency, has been accused of holding a public meeting and conducting events, in contravention of the lockdown guidelines.

   
The Uttarakhand High Court in Nainital | Photo: highcourtofuttarakhand.gov.in

File photo of the Uttarakhand High Court in Nainital | Photo: highcourtofuttarakhand.gov.in

New Delhi: The Uttarakhand High Court has refused to quash criminal cases registered against a former state legislator, who was booked for violating lockdown restrictions, observing that as a public figure he should have followed the norms to set an example for the general public.

Narayan Pal, a two-time MLA (2002-2012) from Sitarganj constituency, has been accused of holding a public meeting and conducting programmes for ration distribution, in contravention of the lockdown guidelines. It has been alleged that he failed to follow the protocol laid out for such gatherings.

Justice Sharad Kumar Sharma last Friday (12 June) rejected two petitions filed by Pal, in which he had challenged two FIRs lodged against him at the Sitarganj police station in Udham Singh Nagar district.

While the first FIR was registered on 20 April, the second was filed on 1 June. Both are under sections 269 (negligent act likely to spread infection of disease dangerous to life) and 188 (disobedience to order duly promulgated by public servant) of the Indian Penal Code (IPC).

Pal had served as leader of the Vidhan Mandal Dal and Chairman Assurance Committee during his stint as a legislator.


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‘No latitude can be extended for violating the law’

Pal’s lawyer Dushyant Mainali had asked the court to take a “considerate view” as the nature of offences alleged against the former legislator entailed a sentence for less than than seven years.

Mainali also requested the court to restrain the police from taking coercive action against Pal or arrest him.

Rejecting the plea, the court noted that Pal, despite the lockdown restrictions, had travelled in different places of the district without a prior valid permit.

Justice Sharma disagreed with the “tenacity of the argument” extended by the lawyer and gave his reasons for dismissing the contention.

“Being an ex- MLA, he is bound to set an example for the general public too by adhering to the law and directions, which has been issued by the Government of India and the local administration; particularly owing to the precarious circumstances, on account of the pandemic Covid-19,” the bench held.

The court also noted that the public gatherings Pal had held were not within the framework of the law, which was applicable at that time.

“Having not done so, no latitude, as such could be extended to the petitioner for not following the law as enforced at the relevant point of time,” Justice Sharma ordered, while permitting Pal to take recourse to other remedies available to him under the law.


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