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for commission of offence.

6. Petitioners have placed on record Instructions dated 24.3.2020 (Annexure P-4), issued from the Office of Director General of Police, Himachal Pradesh, wherein it has been notified that electricity, water and municipal services have been declared as essential by the Government of Himachal Pradesh, vide Order dated 23.3.2020, as their staff was being deployed for rendering uninterrupted services throughout the State on 24X7 basis and, therefore, it was directed that Officers and officials of essential services/departments should not be stopped by the Police Personnel, rather should be allowed to go to perform their duties. A Curfew Order dated 24.3.2020, issued by District Magistrate, Kangra, Himachal Pradeesh, has also been placed on record as Annexure P-5, whereby Curfew was imposed in District Kangra with immediate effect from 5 p.m. on 24.3.2020, wherein also electricity, water, sanitation services, on authorization by SDM, have been permitted to move during Curfew hours and Hydro Power Generation has been declared as a project exempted from ...4...

Curfew orders with permission to continue its working. A communication dated 25.3.2020 (Annexure P-6), issued by Ministry of Power, Government of India, addressed to all .

States/UTs' Secretaries, District Magistrates, District Superintendents, Police Commissioners and Municipal Commissioners of all States/cities in the entire country has also been placed on record whereby for operation and maintenance of inter-State transmission network on 24X7 basis for providing uninterrupted service during the Nationwide Lockdown from COVID-19 outbreak, it was requested for allowing their staff to move around and to also permit movement of Field Engineers at sites, sub- stations and tower locations for ensuring smooth power flow. A communication dated 25.3.2020, issued by Ministry of Power, Government of India, has been placed on record as Annexure P-7 whereby it was directed that autonomous and subordinate offices and Public Corporations shall remain closed during nationwide lockdown for COVID-19 outbreak, except certain essential services, including power generation and transmission units. An order dated 1.4.2020 (Annexure P-8), issued by District Magistrate Mandi, Himachal Pradesh, has also been placed on record wherein it is stated that Curfew passes shall not be issued ...5...

8. From aforesaid documents, it is apparent that except carrying Identity Cards, petitioners were not required to carry Curfew Passes etc. with them. Though in reply filed on behalf of respondents-State it has been stated that petitioners were not carrying any proof of their Identity, apart from not having Curfew Passes, however, ...6...

neither in the FIR nor in the Status Report filed at first instance in present case, it has been mentioned that petitioners were not having their Identity Cards when their .

vehicle was intercepted by the police but only allegation against the petitioners is that they could not produce any valid permission to move themselves or movement of their vehicle during Curfew. Therefore, the allegation that the petitioners were not carrying their Identity Cards appears to be an afterthought to justify registration of FIR. It is evident from the circulars, memos, instructions issued by and the orders passed by various authorities/Departments/ Magistrates during nationwide lockdown, that movement of persons, performing their duty/job under essential services, was permissible for their job with Identity Card only. Nothing has been brought on record requiring registration of FIR against petitioners for their movement on the day of incident without Curfew Pass.