The Bombay High Court has set aside a First Information Report lodged against a doctor who, despite being infected with the SARS-CoV-2 virus and under orders to report to a COVID-19 centre, arrived at the facility after a delay. The Court found that the material on record did not support charges of disobeying public servant orders or acts likely to spread infection.
Justice Urmila Joshi-Phalke of the Bombay High Court quashed the FIR against Dr. Bhagwandas Shankardas Zawar. The case was registered on a complaint by Dr. Vinayak Shankar Bhalerao, who was part of a 108 ambulance service.
The Medical Superintendent of the Buldhana district had asked Dr. Bhalerao to seek police assistance to bring Dr. Zawar to the COVID centre in Mehekar, Buldhana. Dr. Zawar did not report to the centre as directed. Dr. Bhalerao and police officers went to Dr. Zawar’s residence. There was no response from the doctor or his family. Police made announcements using a megaphone, but Dr. Zawar did not come out.
Later, Dr. Bhalerao was informed that Dr. Zawar had reached the COVID centre on his own. The FIR was registered under sections 188 (disobedience of public servant order), 269 (negligent act likely to spread dangerous infection), and 270 (malignant act likely to spread life-threatening infection) of the Indian Penal Code.
