[BREAKING] Election Commission files appeal in Supreme Court against "murder charges" comment by Madras High Court

The Election Commission of India (ECI) has approached the Supreme Court against the observations made by Madras High Court that the ECI is singularly responsible for the COVID-19 situation in India and that it should probably be put on murder charges for failing to ensure compliance of COVID-19 protocol during election rallies..The plea is an appeal against an April 30 order of Madras High Court which had refused to entertain ECI's petition in this regard..The ECI sought directions to be issued to media houses to confine their reports to observations recorded in orders or judgments and to refrain from reporting on oral observations made during court proceedings in a case concerning COVID protocol for vote counting in Tamil Nadu..The petition will be heard by a Bench of Justices DY Chandrachud and MR Shah at 10.30 am on Monday. .The plea stated that the Madras High Court being an independent constitutional authority made serious allegations of murder on another independent constitutional authority without any basis, which has ultimately dented both the institutions..The poll body maintained that the appeal is against the uncalled for, blatantly disparaging and derogatory remarks made by Madras High Court. .“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 Madras High Court Chief Justice Sanjib Banerjee had remarked on April 26. The High Court had made the remark while 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 are contesting the elections..The ECI had approached the High Court itself against the said remark while also seeking directions to the media against sensationalising news and reporting on oral observations made by the Court.However, the Bench headed by Justice Banerjee had refused to entertain the same stating that the "post mortem" on such aspects can wait and that the focus, for now, would be on the measures that can be put in place for COVID-19 management in the State..The appeal before the Supreme Court claimed that consequent to the said observation made by the Division Bench of the High Court against the ECI, a dangerous trend has started wherein a criminal complaint has been made against a Deputy Election Commissioner in connection with the "murder" comment of the High Court. .The oral observations do not find any mention in the order passed by the High Court, the plea said. The High Court being a Constitutional court of first record ought not have made the said oral observation levelling such serious allegation against ECI without any proof, it was submitted. .The plea also highlighted how the Madras High Court Friday refused to entertain its petition in this regard. The remark by High Court has caused serious damage to the reputation of the ECI which was built over the years, it alleged.The impact, the poll body submitted, is of such magnitude that people in the farthest corners of the country where no elections were held in the recent past are pinning the blame of COVID infection on the ECI.