COVID19: EC, courts, govt couldn’t fathom disastrous consequences of allowing elections, says Allahabad HC

While granting an anticipatory bail to an accused who cited the risk to his life because of the possibility of contracting COVID19 following his arrest, the Allahabad High Court stated that the EC, the higher courts and the government could not fathom the consequences of allowing elections during the pandemic.

Gaon Connection
| Updated: May 12th, 2021

While the COVID19 infection “had not reached the village population in its first wave…last year, it has now spread to the villages”, the court said. Photo: Creative Commons

While hearing a plea for bail of an accused, the Allahabad High Court stated on April 11 that the state machinery including the Election Commission of India, the courts and the Central government altogether failed to fathom the disastrous consequences of allowing state and panchayat elections amidst a raging pandemic.

Justice Siddharth of the Allahabad High Court made the remarks while granting bail to a person by the name Prateek Jain, a resident of Ghaziabad, who was booked for cheating, forgery, fraud, criminal intimidation, and criminal breach of trust.

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The accused sought the bail reasoning that he is susceptible to contracting COVID19 if arrested.

The situation at present, the Court stated, is not conducive to a person being subjected to ‘normal procedure of arrest and bail provided under the Criminal Procedure Code’.

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“Hence, the apprehension of death on account of reasons like the present pandemic of novel coronavirus can certainly be held to be a ground for grant of anticipatory bail to an accused,” the court said.

While the COVID19 infection “had not reached the village population in its first wave…last year, it has now spread to the villages”, the court said.

According to the court, the state government “is having a tough time in controlling the spread of novel coronavirus in urban areas”, and it would be very difficult to carry out tests, detect infections, and treat the population in the villages.

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