Anti Vaxxers need to be treated strenuously with an iron hand; Such haters do not deserve concession of anticipatory bail, their free movement and free speech is a threat to society at large: J&K Sessions Court

Sessions Court, Jammu and Kashmir: Tahir Khurshid Raina, J., denied anticipatory bail to the person accused of obstructing the vaccination drive and spreading rumours regarding the vaccination. The Bench said, 

“It is very unfortunate that while on one hand, the govt. is making painstaking efforts to ensure the safety of the people against the deadly virus by vaccination drives, the rumour mongers like the petitioner are acting as stumbling block in this lofty endeavor of the government.”

The instant application had been filed by the accused seeking anticipatory bail alleging that some false and frivolous complaint had been lodged against him. It was averred that the respondent/police wants to malign the image of the petitioner by taking him into custody. On presentation of the same, though the Court granted interim anticipatory bail, it also called for the report from the concerned Police Station. After perusal of the report, and going through the C.D. of the alleged incident the Bench reached the following findings:

Background

The facts of the case as reflected from the case diary was that on 21-06-2021, a Revenue team headed proceeded to Ashmuji for Covid-19 vaccination drive at Government Higher Secondary School. When the revenue team along with the medical team reached the spot, the petitioner made hue and cry, instigated and provoked local inhabitants there against the team and halted the vaccination drive. The petitioner assembled a large crowd there, diverted the vaccination drive towards other unnecessary issues in order to restrain the general public from vaccination. On the basis of that an FIR was registered against the accused of commission of offences under Sections 188, 269, 353 IPC.

Perusal of statements of the revenue team revealed that they all had supported the contents of the complaint lodged against the petitioner and how his hate campaign against vaccination obstructed the vaccination drive by spreading misinformation. The petitioner was also said to have used filthy language against the team members who were on the spot in connection with the vaccination drive.

Opinion and Findings of the Court

Relying on the statement of WHO, “but it’s not vaccines that will stop the pandemic, its vaccination”, the Bench stated that during the world crippling pandemic our experts in the medical field had acted as front warriors to save the humanity and at the same time played an exemplary role in preparing a vaccine to act as a shield against the attack of the virus, yet unfortunately,

“By spreading rumors and disinformation campaign against the vaccination, the petitioner and their ilk were creating lot of fear psychosis and confusion among the general public about the vaccination. Such unsubstantiated and profane act of the petitioner is not only grossly illegal but amounts to pushing the life of the people in peril, who, if not get promptly vaccinated, may fall prey to the deadly virus.”

The Bench emphasised not to forget the melancholic situation the country had faced recently, on account of second wave of the pandemic, which consumed lacs of precious human lives. Further to avoid the fatal impact of the third wave which can be more fatal as compared to second-wave the only remedy available and suggested by the experts is to get more and more people vaccinated. Expressing concern, the Bench said that it had been witnessed that at various places the health workers had to face stiff resistance from the people during vaccination drive and even had been subjected to assault at same places due to myths, rumors and canard being spread by the people like the petitioner and on account of it the people, especially living in the rural areas are getting skeptical and cynical about vaccination.

Opining that the act of rumour-mongering with regard to vaccination amount to putting the large chunk of people in jeopardy and at the same time to defeat the govt. in its drive of achieving the target of fully vaccinated country and finally to save the countrymen of the brutal effect of any further wave of the pandemic, the Bench held that the petitioner’s act of blocking the vaccination drive was detestable and illegal, hence, extending anticipatory bail to him would mean to put premium on his criminality.

Quoting Rumors are carried by haters, spread by fools and accepted by idiots”, the Bench added, let a message travels in the length and breadth of our society at large that no such unbecoming and illegal attempt of rumor mongers will be tolerated who are creating a hurdle in the way of vaccination drive. They will be dealt strenuously under law. Moreso, such haters do not deserve concession of anticipatory bail, rather their free movement and free speech is a threat to the society at large which requires to be circumscribed in accordance with the law for the general good of the society. Accordingly, the interim bail granted to the petitioner along with his bail application was dismissed.[Ghulam. Jeelani Rather v. UT of J&K, CNR.No.JKKGO10005062021, decided on 02-07-2021]


Kamini Sharma, Editorial Assistant has reported this brief.


Appearance before the Court by:

For the Applicant: Advocate Arshad Baba

For the UT of J&K: P.P. Aijaz Ahmad Najar

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