Plea claims COVID created by China as biological weapon, seeks NIA probe

"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 plea said. The petition, moved through advocate Mahmood Pracha, has sought registration of FIR under section 156 (3) Cr PC and section 16 of the NIA Act.

ANI reports that the plea mentioned that though the intelligence agencies and agencies responsible for oversight of immigration into the country were aware of the risk associated with the virus, they did not issue any warnings, directions, or take any steps to control the spread of the virus in the early stages. It said their role should be under scrutiny in the investigation. It said that the discovery of facts in the knowledge of several officials who have been involved in the management of the spread of COVID-19 in India may also be necessary.

Officials associated with the National Center for Disease Control (NCDC), the Indian Council of Medical Research (ICMR), All India Institute of Medical Science (AIIMS), etc are material witnesses in the process of investigation, the plea said. "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," the petition noted.

It said that considering the tragic and extreme impact of the virus, including 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" should be registered.

The plea said 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 with Sections 34/ 120B of the Indian Penal Code are made out.