The Asian Age

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

- AGE CORRESPOND­ENT with agency inputs

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.

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