Delhi court discharges former Congress MLA Jai Kishan in COVID-19 protest case

New Delhi [India], September 21 : The Rouse Avenue court on Friday discharged former Congress MLA Jai Kishan in a case of an alleged violation of a prohibitory order and the provisions of the Epidemic Disease Act. The case was from his participation in a protest during the COVID-19 pandemic in August 2020, where he allegedly failed to follow social distancing guidelines.
An FIR was registered at Parliament Street Police Station on August 28, 2020.
Additional Chief Judicial Magistrate Tanya Bamniyal stopped proceedings against former MLA Jai Kishan after reviewing the submissions made by the defence counsel and the public prosecutor.
"In view of the above discussion, elucidation of facts, and a comprehensive review of the material placed on record by the prosecution, this court finds no grounds to continue with the proceedings and thus orders the cessation of proceedings against the accused Jai Kishan, which shall result in his discharge," ACJM Bamniyal said in the order passed on September 20.
The court noted that the prosecution had relied on a photograph showing a warning notice displayed on a barricade. However, the photograph neither demonstrated that it was from the date of the alleged incident nor confirmed that it was connected to the location of the incident.
Moreover, the photograph did not indicate any link to the order issued by the ACP of Parliament Street on August 4, 2020. Additionally, the court observed that there was no evidence of personal communication to the accused regarding the imposition of Section 144 of the Cr.P.C. was presented by the investigating officer (IO).
"Knowledge of the accused about the order promulgated by a government servant is an essential element for an offence under Section 188 of the IPC. The IO has clearly failed to produce any documentary evidence to even prima facie establish this," the court added.
The court further noted that both the charge sheet and the accompanying documents revealed several gaps and lapses in the investigation, which undermined the prosecution's case.
The court highlighted that the charge sheet failed to address the issue of the accused's identity at the alleged incident on August 20, 2020. It also emphasised that no description of the accused had been recorded by the IO.
"The photographs only show a large crowd protesting, but there is no clear evidence on record to establish that the accused was among the protesters. His identity cannot be established merely from photographs of a crowd, especially in the absence of any substantial evidence confirming his presence at the location of the alleged incident," the court said.
Former MLA Jai Kishan filed a discharge application through advocate Jagdeep Vats.
The prosecution's case stated that on August 28, 2020, around 11:00 AM, 40-50 workers of the Delhi Pradesh Congress Committee (DPCC), led by its president Anil Chaudhary, gathered in front of Dr. Ambedkar Bhawan and started moving towards the barricades near Shastri Bhawan. They raised slogans and protested against the Government of India's decision to conduct the NEET and JEE exams.
The police, having been informed of the protest in advance, had organised law and order arrangements, with a sufficient number of local police officers and additional male and female staff deployed. The ASI, ACP, and SHO of Parliament Street Police Station were also present.
The protesters were warned multiple times via loudspeakers that they did not have permission to protest, and that Section 144 of the Cr.P.C. had been imposed in the Parliament Street subdivision. However, they ignored these warnings, according to the police.
The protesters were also reminded four times to maintain social distancing due to the COVID-19 pandemic, declared a global pandemic by the WHO. Despite repeated directions, the protesters, including Jai Kishan, Amar Tiwari, Hari Ram Valmiki, and Shami Ahmed, crossed the barricades and ran towards Parliament. They were detained, and a case was subsequently registered against them under Section 188 of the IPC, Section 3 of the Epidemic Disease Act, and Section 51(b) of the Disaster Management Act, according to the police.
Following the investigation, a charge sheet was filed against Jai Kishan, Amar Tiwari, Hari Ram Valmiki, and Shami Ahmed on December 22, 2020, with the court taking cognizance of the offences on the same day.
Through plea bargaining proceedings in the Lok Adalat on September 26, 2023, and February 6, 2024, accused Hari Ram Valmiki, Shami Ahmed, and Amar Tiwari were convicted of the offences.