Allahabad High Court stays criminal proceedings against Akhilesh Yadav booked for COVID norms violation

The Allahabad High Court on Tuesday stayed the criminal proceedings against Samajwadi Party chief and former Uttar Pradesh Chief Minister Akhilesh Yadav, who was booked for an alleged violation the model code of conduct and COVID-19 norms in 2022 [Akhilesh Yadav v State]..Justice Raj Beer Singh passed the order of stay with respect to the case against Yadav and directed the State government to file its reply in the matter within four weeks."Considering the facts of the matter, it is directed that till the next date of listing, the proceedings in respect of applicant / accused in Case No. 16331 of 2023 (State Versus Akhilesh Yadav and others), arising out of Case Crime No. 78 of 2022 under Sections 188, 269, 270 IPC and Section-3/4 of Epidemic Diseases Act at Dadri police station, shall remain stayed," the order said.Rashtriya Lok Dal (RLD) chief Jayant Chaudhary is also a co-accused in the case..The case involves allegations that the Samajwadi Party leader violated COVID-19 guidelines during an election rally in 2022. .The prosecution has alleged that Yadav and Chaudhary along with 300-400 unknown individuals had gathered on February 3, 2022, as part of an election campaign while disregarding COVID-19 norms and the model code of conduct. .Yadav and Chaudhary were booked under Sections 188 (disobedience to order promulgated by public servant), 269 (negligent act likely to spread infection of disease dangerous to life) and 270 (malignant act likely to spread infection of disease dangerous to life) of the Indian Penal Code (IPC) and Sections 3 and 4 of the Epidemic Diseases Act. Subsequently, both individuals were summoned by the a trial court, prompting Yadav to move the High Court for relief. In his plea before the High Court, Yadav not only challenged the summons but also urged the Court to quash the criminal case against him. .During the hearing, Yadav's counsel asserted that Yadav had visited the area for an election campaign after prior intimation to the district administration.Therefore, it was the duty and responsibility of the district administration and the police to manage the public gathering, the counsel submitted.It was further argued that there were only five seats in the vehicle which was used for travelling and that Yadav was not suffering from COVID-19 or any other infectious disease at that time.Therefore, he contended that Yadav had not violated any COVID-19 guideline nor had he acted negligently to spread the infection. .The State opposed Yadav's plea and asserted that there was a prima facie case made out against him..After considering the rival submissions, the Court opined that the matter requires a hearing on merits. Therefore, it directed the State to file its reply and stayed the trial court proceedings in the meanwhile. The matter will be heard next on January 22, 2024..Advocates Imran Ullah, Mohammad Khalid and Vineet Vikram represented Yadav..[Read Order]