A Delhi court has acquitted social activist Shabnam Hashmi and co-accused Seema Joshi in a case related to alleged violations of Covid-19 lockdown norms in Dwarka back in 2020. The court delivered its verdict after a two-year legal process, strongly criticizing the prosecution for its failure to establish the charges beyond a reasonable doubt.
Court Highlights Critical Lapses in Investigation
Judicial Magistrate First Class Divya Yadav pointed out a major flaw that crippled the prosecution's case. The court observed that the investigating officer had not conducted Covid-19 tests on the accused persons. This omission was fatal to the charge under Section 269 of the Indian Penal Code, which deals with a negligent act likely to spread infection of a disease dangerous to life.
The judge reiterated the fundamental legal principle that the burden of proof lies entirely on the prosecution to establish guilt beyond reasonable doubt. In this instance, the court found that the investigative officer had failed to discharge this burden, with the lack of medical testing being a primary reason.
Evidence Deemed Unreliable and Inadmissible
The prosecution's reliance on a compact disk (CD) as evidence also backfired. The court noted that the CD, which allegedly showed the accused participating in a protest, was neither formally seized nor accompanied by a seizure memo. This procedural lapse meant its authenticity could not be established.
Furthermore, the CD was never sent for forensic examination, which further diminished its value as evidence. The court also highlighted that the prosecution failed to establish the source of the video. The purported witness, Rahul, or his employee, who allegedly recorded the video, were never examined by the investigating officer.
Broader Failures in Building the Case
The judgment listed several other inconsistencies that weakened the case. The court noted that no examination of other protest participants was conducted. Additionally, no posters or banners were seized from the scene to substantiate the allegations.
The case stemmed from an incident on April 19, 2020, during the stringent nationwide lockdown. The accused were alleged to have gathered outside Pratibha School in Dwarka around 3 pm, acting in a manner deemed likely to spread the dangerous disease.
Verdict Reinforces Legal Standards
The acquittal of Shabnam Hashmi and Seema Joshi underscores the judiciary's role in scrutinizing the evidence presented by the state. The court's detailed order emphasizes that mere allegations are insufficient for a conviction; the prosecution must conclusively prove every ingredient of the alleged offence.
By pointing out the investigative lapses—from the lack of medical tests to improper evidence handling—the judgment serves as a reminder of the procedural rigour required in criminal cases, even those arising from extraordinary circumstances like a pandemic lockdown.
