EC ‘should be charged with murder’ for allowing poll rallies: Madras HC
Judges warn: We’ll stop counting on May 2 if norms are ignored
Despite repeated orders of this court going on like a broken record at the foot of at least every poll petition entertained that Covid protocol ought to be maintained, the significance of adhering to such protocols may have been lost on the EC...
— Madras high court
The Madras high court on Monday severely reprimanded the Election Commission for the second wave of the Covid-19 pandemic in the country, holding it “singularly” responsible for the spread, called it the “the most irresponsible institution” and said its officials could be booked under charges of murder.
The EC’s move to allow political parties to hold rallies and meetings had led to the spread of the pandemic, the court said. “Were you (living) on another planet when political rallies were being held,” a bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy asked EC officials.
The bench, hearing a petition on whether there were adequate Covid-19 safety procedures during vote counting in Karur constituency, declared: “Election Commission officers should probably be booked on murder charges.”
“Despite repeated orders of this court going on like a broken record at the foot of at least every election petition entertained that Covid protocol ought to be maintained in the campaign, the significance of adhering to such protocols may have been lost on the Election Commission going by the puerile silence on the part of the commission as the campaigns and rallies were conducted without distancing norms being maintained and in wanton disregard of the other items of the protocol,” the bench said.
The high court has sought a suitable blueprint
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.
— Madras high court
from the EC on how the Covid-19 safety norms will be followed on counting day, and it warned orally that it could even stop the counting of votes on May 2 if these protocols were not adhered to.
“At no cost can the counting result in 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 the constitutional authorities have to be reminded (of this). 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 high court order said.
The measures must not be limited to Karur alone, the court insisted, and added: “Similar appropriate measures must be adopted at every counting centre… regular sanitisation, proper hygienic conditions, the mandatory wearing of masks and adherence to social
distancing norms before any counting begins or continued. The state health secretary and director of public health should be consulted by the EC and the officer responsible in the state to put appropriate measures in place immediately. ”The court listed the case for the next hearing on April 30, and the EC’s blueprint must be placed on record before that, it ordered. Earlier, the Calcutta high court had expressed dissatisfaction with the EC over the enforcement of Covid-19 health safety norms in the ongoing West Bengal Assembly election process, including campaigning. On April 22, hearing three PILs seeking enforcement of Covid protocols in the polls, a division bench headed by Chief Justice T.B.N. Radhakrishnan had said issuance of circulars and holding meetings on Covid safety were not enough.
It later directed the authorities to make the people of Bengal abide by the restrictions imposed by the EC on public behaviour regarding the protective protocol.