No criminal action against over 100 ‘hapless’ migrants for defying lockdown

‘This decision will save the accused from unnecessary harassment and running around’

Around 43 such cases and other offences were filed against migrant labourers during the lockdown for allegedly violating measures.  | Photo Credit: File Photo

Lieutenant-Governor V.K. Saxena has approved the withdrawal of criminal cases filed against 64 migrants who allegedly violated the nationwide COVID-19 lockdown in 2020 while trying to escape the Capital, an official statement said on Tuesday.

Similar relief will be extended to over 100 migrant workers against whom cases had been filed with Delhi Police. The police have been directed to file closure reports in 10 such cases registered against them, Raj Niwas stated.

The L-G’s orders have been issued under section 321 of the Criminal Procedure Code (CrPC); he has also asked the Delhi Police to file closure reports in 10 cases where charge sheets are yet to be filed in 7 cases and the accused migrants are yet to be traced in 3 cases, Raj Niwas added.

Around 43 such cases under Section 51 of the Disaster Management Act, 2005 and other offences were filed against migrant labourers during the lockdown for allegedly violating measures such as moving on the roads while returning to their rural hometowns during the migrant exodus.

‘Humane and reasoned view’

According to a senior Raj Niwas official, Mr. Saxena had issued instructions to this effect, taking the “humane and reasoned view” that these violations were “essentially petty in nature” committed by “poor migrants in a situation of extreme distress” caused by the pandemic-induced lockdowns.

“The L-G has said that this decision will save the accused from unnecessary harassment and running around,” the official said.

SC order

“This decision is in line with the Supreme Court of India’s Judgment on June 9 keeping in mind the hapless and helpless condition of the migrants in the National Capital, many of whom had lost their livelihoods and could not afford their rents and existential needs during the pandemic,” the official added.

According to Raj Niwas, 18 of 43 cases had already been disposed of or decided upon by courts while in 15 cases, where chargesheets had been filed in courts, the L-G has ordered the withdrawal of prosecution by the Directorate of Prosecution.