Circulating Message Regarding Covid Positive Cases Creating Panic Won’t Attract Sec.505 IPC: Jammu & Kashmir and Ladakh High Court

The High Court was considering a Petition filed by the petitioner under Section 528 of the BNSS, 2023, seeking the quashing of the FIR registered at Police Station, Nagrota, for the commission of the offences punishable under Section 505(2) of IPC.

The Single Bench of Justice M A Chowdhary held, “A plain reading of the allegations contained in the impugned FIR does not disclose the essential ingredients of the aforesaid offence. The allegation against the petitioner is only that he circulated a message regarding detection of two Covid-19 positive cases in a particular locality, which allegedly created panic. There is no allegation that the message was intended to create, or was likely to create, feelings of enmity, hatred or ill-will between any two groups based on religion, caste, community, language or any other ground contemplated under Section 505(2) IPC. The creation of panic or fear, by itself, does not satisfy the ingredients of the offence under Section 505(2) IPC.”

Advocate Ayushman Kotwal represented the Petitioner while Advocate Shazia Asaf represented the Respondent.

Factual Background

The FIR in question was filed against the petitioner with the accusation that the petitioner in the year 2020 circulated a rumour on a WhatsApp group that two positive cases of Covid-19 were found at Migrant Colony, Jagti, Nagrota, which created panic in the society. The impugned FIR was challenged on the grounds that the accusation did not disclose or make out the offence as defined and punishable under section 505(2) of the IPC. The petitioner further claimed that the rumour alleged to have been circulated by the petitioner did not constitute an offence under section 505(2) because it was not alleged that the said circulation was made by the petitioner with the intent or likelihood as contemplated under the said section.

Reasoning

The Bench took note of the allegation that the petitioner circulated a message in a WhatsApp group stating that two positive cases of Covid-19 had been found, thereby creating panic in society.

The Bench explained that Section 505(2) IPC is attracted only when a person makes, publishes or circulates any statement, rumour or report with intent to create, or which is likely to create or promote, feelings of enmity, hatred or ill-will between different groups on the grounds specified therein, such as religion, race, caste, community, language or other similar grounds.

The Bench further noted that the status report did not disclose the collection of any evidence establishing the foundational ingredients of the offence. It was also not shown that the alleged information circulated by the petitioner was false or fabricated.

The Bench also took into consideration that the FIR was registered in 2020 and no final report was presented before the competent court even after more than five years. Considering that the respondents failed to furnish any satisfactory explanation for such extraordinary delay, the Bench stated, “Permitting the investigation to continue indefinitely, despite the absence of material disclosing the commission of the alleged offence, would amount to abuse of the process of law.”

Holding that the allegations contained in the impugned FIR did not disclose the commission of an offence under Section 505(2) IPC, the Bench allowed the Petition and quashed the FIR.

Cause Title: Sandeep Kumar Bhat v. UT of J&K (Case No.: CRM(M) No. 118/2025)

Appearance

Petitioner: Advocate Ayushman Kotwal

Respondent: Advocate Shazia Asaf, Deputy Advocate General P.D. Singh

Click here to read/download Order