Election Commission, Courts, Govt failed to fathom disastrous consequences of permitting elections in States, Panchayats: Allahabad High Court

The Election Commission of India, higher courts, and the government failed to fathom the disastrous consequences of permitting the elections in few States and the Panchayat elections in the State of Uttar Pradesh, the Allahabad High Court observed on Tuesday (Prateek Jain v. State of UP)..The infection of novel corona virus, which had not reached the village population in its first wave of novel corona virus spread in the last year, has now spread to the villages, the Court said. ."The State Government is having tough time in controlling the spread of novel corona virus in urban areas and it would be very difficult to conduct the test, detect and treat the village population found suffering from novel corona virus. The State lacks preparation and resources for the same at present," the Court said. .The observations were part of an order passed by single-judge Justice Siddharth granting anticipatory bail to a person in relation to a case registered under Sections 420, 467, 468, 471, 506, 406 IPC at Police Station Sihani Gate, Ghaziabad..This would be the second instance of Election Commission being castigated by a High Court for its omissions with regard to surge of COVID-19. Earlier, the Madras High Court had came down upon the EC orally remarking that the poll body was 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 ECI had approached the Supreme Court against the remarks and sought a ban on media reporting oral observations by courts but the Supreme Court had turned down the plea. .The accused, in the instant case, sought bail citing possibility of getting infected by Coronavirus if arrested. .The Court noted that due to the violation of COVID protocol during the recent Panchayat elections in the State, a number of FIRS have been lodged in villages."Even otherwise the crime rate in the village is quite high in the State. Keeping in view the overall situation of the villages after the Panchayat elections large number of accused persons may be infected and their infection may not have been detected," the Court noted. .The situation at present, the Court opined, is not conducive to a person being subjected to normal procedure of arrest and bail provided under the Criminal Procedure Code."The apprehension of an accused being infected with novel corona virus before and after his arrest and the possibilty of his spreading the same while coming into contact with the police, Court and jail personnels or vice-versa can be considered to be a valid ground for grant of anticipatory bail to an accused," the Court said while allowing the plea. .[Read Order]