Delhi court rejects plea seeking NIA probe into China's role in COVID-19 outbreak

A Delhi Court has recently dismissed a plea by an ex-Director General Health Services (DGHS) and Padma Shree awardee seeking registration of an FIR and initiation of a probe in the outbreak of COVID-19 and human and economic damage that occurred due to the virus.

"...the complaint does not call for any investigation as it is based on theories which have been propounded by individuals on assumptions and analysis raised by them, which in no manner can be said to be an established fact. I accordingly find no merits in the present complaint," said Special NIA Judge Praveen Singh while turning down the plea filed by Dr. Jagdish Kumar. 

The judge further added that opinions can never substitute facts and for the creation of an offence, certain facts constituting the offence need to be disclosed and not the mere possibilities as has been done in the present case.

The court further noted that a bare reading of the present complaint reflects that this complaint is based upon media reports, opinions, conjectures, surmises, probabilities, and possibilities. 

"There are no categorical facts which have been alleged and only the possibilities that SARS-CoV-2 might have been genetically modified at Wuhan Laboratories have been raised and that too not on the basis of facts but on the basis of view of experts," the court said. 

In his plea filed before the Special NIA Judge at Patiala House Court in the national capital, Dr. Jagdish Prasad has filed a plea under section 156(3) of the Code of Criminal Procedure (CrPC) for the registration of an FIR and launching of a probe in this regard.

In his plea, Dr. Prasad says that despite the fact that the virus has undoubtedly originated in China, the number of COVID-19 cases, hospitalizations, and deaths in China have been miniscule, with barely ninety thousand cases, and less than five thousand deaths while their economy remains rather unaffected by the pandemic. 

"Meanwhile the economy of India has taken a nosedive, giving a strong indication of motive and benefit for the criminal intent behind the origin and spread of the virus," the petition read. 

He further stated that it's clear that the virus, which has its origins in China, has been deliberately artificially created as a biological weapon, and spread as a biological weapon as part of a conspiracy to cause substantial human and economic loss in India as well as the world.

"The normal life of every citizen of India has been adversely affected, and supplies and services which are essential to the life of the community have been severely disrupted all over the country for long stretches of time over the last year. All this has been the result of a possible deliberate conspiracy by the state and/or non-state actors in China, as part of a coordinated creation and transmission of the virus," the petition stated.

The petition further stated, "In view of the nefarious, terrorist, expansionist, aggressive and animus behavior of China at the borders in North-East region of India, it would be very dangerous to not undertake a detailed investigation qua the origins and spread of the virus from China to India so that the entire truth in this regard can come out and the guilty are punished in accordance with various provisions of Indian laws."

"Meanwhile, considering the tragic and extreme impact which the virus has had, including the causing of death, disease, and disability of thousands of people in India, and the drastic economic downturn, and considering the nature of the deliberate and malicious origin of the virus, offences including those under Sections 16, 17, 18, 18A, 18B, 23, etc. of the Unlawful Activities (Prevention) Act, 1967, Section 14 of the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005, and Sections 121/270/302/307/312/313/325/333/314 read Sections 34/ 120B of the Indian Penal Code are made out," the petitioner said while seeking directions from the court for lodging of an FIR in this regard.