HC: EC responsible for second wave, should be charged with murder

CHENNAI: Coming down hard on the Election Commission a (EC) for singularly contributing to the spike in COVID-19 cases during the second wave for its gross failure to stop the abuse of COVID protocol in political rallies thereby contributing to the crisis, the Madras High Court has warned of staying the counting process if guidelines are not put in place.

Hearing a petition raising concerns over whether adequate facilities are in place to ensure protocol during vote counting at the Karur constituency, where about 77 candidates were in the fray, the first bench comprising Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy said, “The Election Commission should be put up on murder charges for its failure to stop the abuse of COVID norms in election rallies.”

“You are the only institution that is singularly responsible for the situation today by failing to take action against political parties taking rallies despite every order of the Court, “Chief Justice Sanjib Banerjee said.

“Despite repeated orders going on like a broken record at the foot of at least every election petition, entertained that COVID protocol ought to be maintained, during the campaign time, the significance of adhering to such protocol may have been lost on the EC going by the puerile silence on the part of the Commission as campaigns and rallies were conducted without distancing norms being maintained and in wanton disregard of the other items of the protocol,” Chief Justice Banerjee said. However, while Advocate Niranjan Rajagopalan appearing for the Commission submitted that all safety protocols are in place at the counting centres, the Chief Justice remarked “Were you on another planet when political rallies were being held?”

Making it clear that a plan must be in place given the grim situation and the surge of COVID-19 cases in Tamil Nadu may be better off than some other states, Chief Justice Banerjee said, “At no cost can the counting act as a catalyst for a further surge. Politics or no politics, and whether the counting takes place in a staggered manner or is deferred, public health is of paramount importance and it is distressing that constitutional authorities have to be reminded in such regard.”

“It is only when the citizen survives that he enjoys the other rights that this democratic republic guarantees unto him. The situation is now one of survival and protection and everything else comes second to it, “the Chief Justice added while directing the ECI to submit a blueprint on adherence to norms during counting votes. He also warned that if violations are seen counting day, the court would not hesitate in staying it.