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Calcutta High Court refuses to quash FIR for distributing leaflets against COVID vaccine drive

Printing and distributing leaflets among parents and telling them not to get their children vaccinated against the COVID-19 virus is prima facie defamatory of the vaccination program undertaken by the government for the welfare of the citizens, the Court explained.

“This conduct of the petitioner was also prima facie defamatory of the program under taken by the Government for the welfare of the general public and thus the ingredients required to constitute a prima facie offence under Section 500 (defamation) IPC is also present,” the Court’s order stated.

Likewise, a prima facie was also made out against the accused under Section 501 (printing defamatory material) of the Indian Penal Code (IPC), the Court added.

The Court further noted that such acts, prima facie, amounted to making statements that would cause public mischief and disobedience of orders of a public servant, which are offences under Sections 505 and 188 of the IPC.

The said conduct of the petitioner was prima facie in disobedience to an order duly promulgated by a public servant, by creating panic among the public, by distributing leaflets projecting the death of two young girls. This conduct was sufficient to cause a riot or affray as the public was already scared for life considering the fatal effects of the COVID -19 pandemic,” the Court went on to observe.

Source: Barandbench

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