Madhya Pradesh HC: 'File FIR against political party if over 100 people gather in rallies'

Advocate Ashish Pratap had filed a PIL (Public Interest Litigation) in Madhya Pradesh High Court seeking a ban on political events in the state in the wake of COVID-19. In response to this PIL filed by Pratap, the Gwalior bench of MP High Court has allowed people to register an FIR against the political party if more than 100 people assemble in any election rally. This decision was announced ahead of the state's Assembly by-poll elections. 

Madhya Pradesh: Advocate Ashish Pratap files PIL

Advocate Ashish Pratap Singh had filed the PIL in Madhya Pradesh HC on September 11 stating that various political parties hold rallies, which attract huge crowds and increase the risk of COVID-19. In regards to this PIL, the HC had issued notices to the Chief Secretary, District Collector and Superintendent of Police, and asked them to submit their replies by September 28. Three lawyers as Nyaya Mitras were also appointed by the Gwalior bench who would keep a close watch on all the political activities in the state.

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On September 29, High Court had been presented a joint report of the Amicus Curiae which showed that various instances of breach of Coronavirus protocols have been recorded due to the congregation having people more than the maximum limit prescribed. After this report, the court decided to hold an in-camera hearing of DM, SPs, of Morena, Bhind, Gwalior, Datia and Shivpuri, where the assembly-by poll elections will take place. While stating that all the leaders, politicians and functionaries of the government and the state to should an example for the public by following all the COVID-19 protocols, the court asked them to not to indulge in any kind of activity which will result in the collection of a large number of people.

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A part of the interim order issues read, "The DMs of the nine districts falling within the territorial jurisdiction of this Bench i.e. Gwalior, Guna, Morena, Bhind, Vidisha, Ashok Nagar, Datia, Shivpuri and Sheopur are directed by writ of mandamus to register offences by invoking penal provisions of Disaster Management Act and the Indian Penal Code (IPC) not only against the defaulting members of the congregation but also against political/governmental/State or social functionaries in whose name or on whose behest and behalf the said congregation takes place, failing which the DMs of the concerned nine districts shall be liable for contempt of this Court and shall also be exposed to the rigours of penal provisions of relevant laws."

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MP HC allows people to file FIR against the political parties

According to the orders issued by Madhya Pradesh HC, Amicus Curiae or any person who feels responsible can click a photo of such congregations/ events and place it before the appropriate bench for adjudication through the Principal Registrar. Pratap said, "Any person who feels responsible and sees a crowd of over 100 assemblings can click a photograph and register a case." Speaking further he said that the court has finally accepted that the administration is facing difficulties in stopping such rallied. The court has listed the matter for further hearing on October 15. 

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(With ANI inputs)