Court Holds Sub-Divisional Magistrate Had No Jurisdiction to Impose Penalties Without Statutory Complaint; Directs Refund of Fine Deposited Under Protest
In a significant judgment dated October 13, 2026, the Chhattisgarh High Court has struck down administrative penalty orders imposed on parties involved in a large marriage function allegedly violating COVID-19 protocols. The case arose from a marriage held at Chourasia Marriage Garden, Ambikapur, where it was alleged that about 1,000 persons attended the ceremony, far exceeding the then permissible limit of 50 attendees under COVID-19 restrictions.
The petitioners-Saroj Sahu and Prakash Sahu (parents of the bride and groom), and Virendra Chourasia (owner of the marriage garden)-challenged the imposition of pecuniary penalties totaling several lakhs of rupees by the Sub-Divisional Magistrate (SDM)-cum-Incident Commander, who had directly levied fines for breach of the COVID-19 guidelines issued under the Disaster Management Act, 2005 and the Epidemic Diseases Act, 1897.
The High Court, presided over by Justice Amitendra Kishore Prasad, held that the SDM lacked jurisdiction to impose fines without a formal complaint and adjudication as required by the Disaster Management Act. The Court emphasized that under the statutory framework, penalties for violation of epidemic-related regulations can only be imposed following due process, including filing of a complaint and judicial determination of guilt. The Epidemic Diseases Act itself does not empower executive authorities to directly levy fines; it only treats disobedience as an offense punishable under Section 188 of the Indian Penal Code.
Adding to the petitioners' relief, the Court noted that the foundational FIR registered on the same allegations had already been quashed by a Division Bench of the Chhattisgarh High Court on August 21, 2023, thus erasing the very basis for the administrative penalties. Consequently, the Court declared the penalty orders as null and void.
Further, since the marriage garden owner, Virendra Chourasia, had deposited the penalty amount under protest, the Court directed the Municipal Corporation of Ambikapur to refund the deposited amount within three months from receipt of certified copy of the judgment.
The judgment underscores the necessity of adhering to statutory procedures and principles of natural justice even during emergency situations like the COVID-19 pandemic. It also clarifies the limits of executive power in imposing penalties without judicial oversight, reinforcing the rule of law.
This ruling will have a far-reaching impact on the manner in which administrative penalties under epidemic and disaster laws are imposed in Chhattisgarh and possibly other states, ensuring that no fines are levied without proper legal process.
Bottom Line:
Disaster Management Act, 2005 and Epidemic Diseases Act, 1897 - Sub-Divisional Magistrate has no jurisdiction to directly impose pecuniary penalty for alleged breach of COVID-19 protocol without statutory complaint and adjudication - Where FIR on same allegations already stood quashed, foundation of administrative penalty also disappears - Penalty orders quashed and amount deposited under protest directed to be refunded.
Statutory provision(s):
Disaster Management Act, 2005, Section 6(2)(i), Section 10(2)(i); Epidemic Diseases Act, 1897, Section 3; Indian Penal Code, 1860, Sections 188 and 269
Saroj Sahu v. State of Chhattisgarh, (Chhattisgarh) : Law Finder Doc Id # 3001109
