The Delhi High Court has annulled two First Information Reports (FIRs) filed against Kuldeep Kumar, a former Member of the Legislative Assembly from the Aam Aadmi Party, related to a Tiranga Yatra held during the COVID-19 pandemic in 2021. The court ruled that consecutive FIRs could not be recognised as distinct criminal acts solely because they traversed different police jurisdictions. This decision was delivered by Justice Swarana Kanta Sharma.

Details of the Tiranga Yatra

The case revolves around a Tiranga Yatra that took place on Independence Day, August 15, 2021, where individuals marched with the national flag despite ongoing COVID-19 restrictions that prohibited public gatherings. Three FIRs were lodged under Section 188 of the Indian Penal Code at various police stations. The allegations claimed that the participants had gathered unlawfully, did not wear masks, and breached social distancing guidelines.

Upon reviewing the circumstances, the Delhi High Court noted that the FIRs were all rooted in the same event, with the procession remaining continuous throughout its passage across different areas during the afternoon. The court highlighted that there had been no suggestion in the prosecution’s claims that the procession had ceased at any point, nor that the participants had dispersed before continuing the event.

The High Court rejected the state’s argument that the entry of the procession into different police station jurisdictions constituted a new offence under Section 188 IPC. It determined that the existence of a singular, ongoing procession could not be deemed multiple offences purely due to jurisdictional shifts.

Implications for Double Jeopardy

The court also remarked that the allegations across the three FIRs were largely overlapping, reflecting the same event and violations of COVID-19 regulations. It identified Kuldeep Kumar as the central figure in all allegations. Notably, it considered that proceedings stemming from FIR No. 353/2021, filed at New Ashok Nagar Police Station, had previously concluded, leading to a conviction and subsequent fine for Kumar and his co-petitioner Ravinder.

Given these factors, the High Court found that going forward with the remaining two FIRs would subject the petitioners to criminal proceedings regarding the same incident, which would infringe upon the principles of double jeopardy as protected by Article 20(2) of the Constitution and Section 300 of the Code of Criminal Procedure.

In its ruling, the High Court clarified that its decision should not be interpreted to imply that separate FIRs can never be lodged for offences under Section 188 IPC. It acknowledged potential circumstances where a second FIR could be justified, such as when the subsequent incident is distinctly different, involves a counter-version, or when further investigation reveals new evidence of a larger conspiracy or separate criminal act. However, the court noted that these exceptions were not applicable in this case.

Conclusion of Proceedings

Consequently, the Delhi High Court quashed FIR No. 413/2021 from Kalyanpuri Police Station and FIR No. 372/2021 from Ghazipur Police Station, along with any corresponding legal proceedings. This ruling effectively closes the chapter on the legal implications surrounding the Tiranga Yatra conducted by Kuldeep Kumar during a period of health restrictions.

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