Story perspectives

Allahabad High Court Quashes Disaster Act Prosecution Over Presumption

By Drooid · Sep 22, 2026, 10:05 PM UTC · How we work

Summary

Story summary

The Allahabad High Court quashed proceedings against two men on September 18, 2026.
Justice Dr Gautam Chowdhary said the case rested on presumption alone.
The men were charged under the Disaster Management Act 2005 and the Epidemic Diseases Act 1897.
Their COVID-19 tests later returned negative, a result the state did not dispute.
The court said prosecution would abuse process, citing Supreme Court rulings State of Haryana v. Bhajan Lal and Prashant Bharti v. Delhi.

History

Historical Context

Created in 1897 to fight Bombay’s bubonic plague, the Epidemic Diseases Act was invoked during the 1994 plague (693 suspected cases, 56 deaths) and the 2020 COVID-19 response. After the Supreme Court upheld prosecutions after the 1994 outbreak, the Allahabad High Court in September 2026, led by Justice Gautam Chowdhary, quashed similar charges, sparking renewed debate on updating the Act.

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Story summary

The Allahabad High Court quashed proceedings against two men on September 18, 2026.
Justice Dr Gautam Chowdhary said the case rested on presumption alone.
The men were charged under the Disaster Management Act 2005 and the Epidemic Diseases Act 1897.
Their COVID-19 tests later returned negative, a result the state did not dispute.
The court said prosecution would abuse process, citing Supreme Court rulings State of Haryana v. Bhajan Lal and Prashant Bharti v. Delhi.

1 / 2