Madras High Court says Election Commission's concerns on "murder charge" comment, media sensationalism can wait; focus now is on COVID measures

With both the Centre and the Election Commission of India (ECI) airing concern on Friday that comments earlier made against them were sensationalized by the media, the Madras High Court opined that the post mortem on such aspects can wait and that the focus, for now, is on the measures that can be put in place for COVID-19 management in the State..The Bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy made the observation while hearing the suo motu case concerning COVID-19 related issues in Tamil Nadu and Puducherry. ."Two aspects cannot be missed. First, is the Union's endeavour to indicate that surge in (COVID) numbers may be unexpected and prefatory measures have been taken for quite some time. Second aspect is the Election commission's concern about sensationalism. The Post-Mortem on either count may have to wait particularly in light of immediate measures that may be put in place," the Court said in its order passed on Friday.Senior Advocate Rakesh Dwivedi, appearing for the ECI, apprised the Court of various measures taken to ensure compliance with COVID-19 safety norms during the May 2 counting of votes of the Assembly elections. .In addition, he also urged the Court to consider issuing directions so that the media confines its reporting to observations made part of the Court's record in orders or judgments. .The submission was made in the wake of wide media reportage on the Court's April 26 oral observations that the ECI should probably be put up for murder charges in view of how election rallies were held in violation of COVID-19 safety norms. ."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.In an affidavit, the ECI had contended that the said observation was made without giving the ECI an opportunity to explain its stance. The ECI had further submitted that media reports of the Court's oral comments had caused grave prejudice to the Commission. .[Breaking] Election Commission moves Madras High Court against "murder charges" comment; says media should not report oral comments made by court.Dwivedi submitted today that the media should be instructed not to sensationalize anything. He added that it has been a difficult task to conduct elections during this time. While so, some have people have lodged FIRs against election officials after the Court's oral observations were reported, he informed.."Your observation is to spur us to act ... but FIRs are being registered all over the place... some protection may be granted...election officials are being portrayed as murders, denuding (their) authority," he submitted before the Court today. .The Bench, however, assured the ECI that the "Courts are there" to deal with any such matter..Additional Solicitor General R Sankaranaraynan, representing the Central government, made submissions on how the Centre had take all steps it could to contain the pandemic.."Till December 2020, the curve was flattening. By January, everything was fine. I distinctly remember, when UK flights came.. problem started in Kerala and Maharashtra.. that was when the surge was cataloged," he submitted..He added that on January 5, the Union Health Secretary also wrote to Kerala, Maharashtra, Chattisgarh etc. to take steps to curb the surge in COVID cases. A similar letter was also sent to West Bengal when there was a surge. A high-level team was sent to Kerala to aid public health interventions for COVID-19 management, he added..The submission was made in view of oral observations made by the Court yesterday, questioning what the Centre had been doing in the past 14 months, given the COVID-19 situation that India is in presently. .[COVID-19 crisis] "All you are showing is that things will be hunky-dory in June, did Central govt consult experts?" Madras High Court.With the Centre emphasising today that it had taken appropriate measures, Chief Justice Banerjee remarked, ."Let us leave it. We do not perceive appropriate measures were taken.. that post mortem can be taken later... Let us focus on what we can do.".The matter was adjourned to May 5..The Bench added that it would be available to take up any urgent issues even during the vacation, upon prior notice being given to the concerned parties. .Other highlights of the Court's order today.1. Centre should clarify on State wise allotment of drugs and vaccines: The Court highlighted two issues of concern with respect to shortage in vaccines available in States and the allocation of the drug Remdesivir. "It is hoped that the picture becomes clearer at least by May 3, 2021, and the specific quantities of the drug and doses of vaccine to be released are to be indicated to the State in all clarity so the state may plan out its course of action in next week or so," the Court stated in its order.During the hearing, the Court had asked the Centre if it is possible to give timelines within which an adequate supply of drugs and vaccines would be supplied. The ASG responded that such details can be submitted by Monday. The Court noted that these are matters of great importance and that the Centre should have some kind of time frame or plan in place on this aspect. The ASG, in turn, assured that he would get in touch with the Health Secretary on this aspect. 2. Political parties, media, public to abide by COVID-19 guidelines already issued on May 2 counting day: "It is hoped that political parties, media personnel, and citizens at large adhere to the instructions and the guidelines, follow the norms, and cooperate with the authorities in the greater public interest," the Court said, after noting the guidelines already issued by the ECI and the State in this regard. In the course of the hearing, the Court also expressed that the measures put in place by the ECI were adequate. 3. Political parties not to burst crackers: In this regard, the order stated, "The role of the political parties cannot be over-emphasized. Leaders of political parties should ensure that the rank and file maintain a degree of discipline and exercise extreme restraint whether in celebration or otherwise. Leaders of political parties should keep rank and file in check, ensure that there is no bursting of crackers or taking out of rallies particularly on the day of counting and till such time that the present grim situation continues. Leaders of political parties are required to take a proactive stand in such regard and lead by example." 4. Closure of Private outlets selling liquor in Puducherry: Echoing an order passed earlier today, the Court said, "authorities have been directed to ensure that private outlets selling liquor and bars should be checked in the light of the orders that have been passed by the Union Territory...police should ensure strict adherence and closure of bars." 5. Vaccine drives: Taking note that there is still some hesitancy among the public in taking vaccines, the Court urged the State to initiate vaccine drives. 6. Information to be available on the internet and any other medium so that there is no panic whether in seeking the drug or obtaining supplies of oxygen or finding out the nearest bed. 7. Court does not regard itself as an expert to suggest measures that may be adopted. The Bench made it clear it is not dictating what the authorities should or should not do. The object of the suo motu exercise is to ensure that the authorities tasked with such obligations devote their complete attention in such regard so that the measures may be monitored to some degree, the Court said. 8. In view of the measures adopted by the ECI to maintain COVID-19 protocol in counting booths across the State and in Karur as well, the petition in respect of the Karur constituency was disposed of. This order was passed separately. Whereas Senior Advocate Dwivedi informed the Court that an application has been filed in the matter seeking for some direction against sensationalised reportage, the Court informed that it does not have the said application before it at the moment. While disposing of the matter, the Court orally added that the plea may be raised in any other matter for the Court to consider. .Senior Advocate Rakesh Dwivedi along with Advocates Sidhant Kumar, Eklavya Dwivedi, Niranjan Rajagopalan and Prateek Kumar appeared for the ECI..Advocate General Vijay Narayan appeared for the State in the suo motu hearing today. Additional Solicitor General R Sankaranarayanan appeared for the Centre. Today's hearing also saw brief submissions by Senior Advocates PS Raman and P Wilson..Read a live account of the hearing: