"Election Commission should be put up on murder charges:" Madras High Court on ECI's failure to stop "abuse" of COVID norms in election rallies

The Election Commission officials should be tried for murder charges for its failure to stop abuse of COVID protocol in political rallies thereby contributing to the COVID crisis, the Madras High Court orally remarked on Monday. .The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy was hearing a petition by AIADMK's R Vijayabhaskar raising concerns over whether adequate facilities are in place to ensure COVID-19 protocol during vote counting at the Karur constituency, where about 77 candidates, including himself, are contesting the elections..As the hearing progressed, Chief Justice Banerjee aired his concerns over that Election Commission's failure to act against political parties flouting COVID-19 protocol during the election season. .“You are the only institution that is responsible for the situation today. No action against political parties taking rallies despite every order of the Court. Your election commission should be put up on murder charges probably!” the Chief Justice said..In its order passed on Monday, the Bench observed, ."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 maintaining during the campaign time the significance of adhering to such protocol may have been lost on the Election Commission going by the 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.".Whereas the standing counsel for the Election Commission, Advocate Niranjan Rajagopalan submitted that measures are being put in place to ensure COVID-19 safety norms are maintained during counting, the Chief Justice orally remarked, ."Were you on another planet when political rallies were being held?".The case at hand also prompted the Court to take up larger concerns, including whether there is a plan in place to ensure COVID-19 protocol is maintained in all counting booths come counting day on May 2. This concern was also expressed by the Court on Thursday when it registered a suo motu case to monitor the handling of the COVID-19 pandemic in Tamil Nadu. .The Court reiterated that a plan must be in place in view of the grim situation and the surge of COVID-19 cases today, even if Tamil Nadu may be better off than some other States. ."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 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 order stated.While recording the Election Commission's submissions as regards the steps being taken at the Karur counting booth to ensure that COVID-19 norms are maintained, the Court added:"Similar appropriate measures have to be adopted at every counting center and it is upon ... regular sanitisation, proper hygienic conditions, the mandatory wearing of masks and adherence to distancing norms should any counting begin or be continued. The State Health Secretary and Director of Public Health should be consulted by Election Commission and the officer responsible in the State to put appropriate measures in place immediately.".The matter was posted for hearing next on April 30, when the Court will review the situation. .[Read the Order]