EC moves Madras HC over 'murder charges' for COVID spike; against reporting oral remarks

The Election Commission of India (ECI) has moved the Madras High Court seeking directions to be issued to the media to refrain from reporting the oral observations made during court proceedings, after the HC pulled up ECI over elections amid COVID pandemic.

On April 26, the Madras HC had orally observed that the EC was 'singularly responsible' for the second wave of COVID and that they should 'probably be booked on murder charges' for allowing political parties to conduct rallies even though there was a consistent spike in the number of COVID cases being reported. Filing an affidavit at the Madras HC, Tamil Nadu Chief Election Officer Satyabrata Sahoo claimed that the above-mentioned observations of the Court were not recorded in the order that was passed on the day and that the statements were attributed as the Court's opinion instead. 

In his prayer before the Madras HC, Tamil Nadu CEO Satyabrata Sahoo pointed out that the court was hearing a case pertaining to the counting of votes in Karur Assembly constituency and the adherence to COVID protocols during the process when the remarks on EC were made. In the petition, EC has claimed that the publication of the Court's oral comments had caused 'grave prejudice' to the Commission and went on to state that a police complaint had been registered against Deputy Election Commissioner alleging murder after the court's remarks were published. 

The EC sought Madras HC to issue directions to the media, preventing them from reporting oral observations made in courts and publishing remarks that are not recorded by the court. Further, EC said that other courts including the Kerala HC and Calcutta HC had lauded the Commission for its efforts to arrest the spread of COVID and claimed that it was working with the state administration to ensure free & fair elections while noting that it was the responsibility of the state government to enforce laws to curb the pandemic. EC sought the Madras HC to issue directions to the police to not lodge any FIR for murder based on Madras HC's oral observations and to direct the media to report only what was a part of the recorded proceedings alongside issuing a clarification on the same. 

Madras High Court pulls up ECI

The Madras High Court pulled up the Election Commission of India (ECI) for not stopping political parties from conducting rallies even as COVID cases continued to surge. Chief Justice Sanjib Banerjee noted that it was distressing to remind constitutional authorities that public health was paramount and warned of stopping the counting of votes on May 2 if COVID protocols were not followed. Madras HC further directed the EC and Tamil Nadu's CEO to hold meetings with the state's health secretary in order to create a plan which will ensure that COVID protocols were followed and asked ECI to submit the blueprint before the Court on April 30.

"Were you on another planet when the election rallies were held?", Chief Justice of Madras High Court asked ECI.

"Public health is of paramount importance and it is distressing that constitutional authorities have to be reminded in such regard. It is only when a citizen survives that he'll be able to enjoy the rights that a democratic republic guarantees," Chief Justice told ECI.