Madhya Pradesh high court has directed the district magistrates in nine districts to register cases against political, government, state, social functionaries and also against congregations under the provisions of Disaster Management Act and Indian Penal Code (IPC) if they are found violating restrictions imposed under Covid-19 protocol.

Underlining the responsibility of public representatives in the society, the court asked the government and political functionaries in the state to strictly adhere to all restrictions imposed by the Election Commission of India (ECI) to contain the spread of Covid-19 and advised the political parties “not to physically conduct election campaigns (for bypolls) and instead adopt electronic means for the purpose”.

The high court’s Gwalior bench’s interim order came on Saturday on a petition, filed by an advocate Ashish Pratap Singh, to bring to the notice of the court, the flouting of Covid-19 safety norms and guidelines in congregations held frequently in and around Gwalior by various political parties due to the by-elections to the state legislative assembly. The petitioner raised apprehensions that such violations will lead to further spread of Covid-19 infection.

The court’s interim order assumes significance in view of the November 3 bypolls for 28 assembly seats located in 19 districts of the state, 16 of which fall under the Gwalior-Chambal region.

The court’s bench comprising justice Sheel Nagu and justice Rajeev Kumar Shrivastava, said in its order: “In case, any of the prohibitions, restrictions and precautions in Covid-19 protocols issued from time to time by the central government, state government, district magistrates are found to be breached by a congregation which is of political or social nature then the district magistrates 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 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.”

The court warned that district magistrates of the concerned nine districts ‘shall be liable for contempt of this court and shall also be exposed to the rigors of penal provisions of relevant laws’ if the order is not complied with.

Referring to the reports of amicus curiae, placed on record, on breach of Covid-19 protocol because of various congregations, the court observed, “This court, thus, realised that either the functionaries of the state, in particular the law enforcing personnel are unable to prevent blatant and widespread breach of Covid-19 protocol or are turning a Nelson’s eye towards the said breach to avoid offending their political bosses.”

In an important observation the bench said that a leader is supposed to lead by example, which can best be demonstrated by following the rule of law and preventing the breach of law.

“The voters look up to their representatives in the political field and more often than not these voters attempt to emulate the conduct, behaviour and deeds of their representatives/leaders. This attitude of following the leader is predominant in our society because of rampant ignorance, illiteracy and poverty. The political functionaries and functionaries of the government and the state are duty bound to set such examples of conduct, behaviour and deeds which can enable their followers/voters/citizens to follow the path of rectitude and obedience of law and lawfully passed orders and instructions,” it observed.

The court further observed that the conduct, behaviour and attitude of uprightness towards law by political functionaries is all the more necessary and deserves stringent adherence in the given situation of Covid-19 pandemic.

“The slightest of breach of the protocol can lead to disastrous results of further spread of infection leading to more deaths. The political functionaries who are either members of any political party or functionaries of the state/government need not be reminded that not only our nation but the world is facing unprecedented crises of Covid-19 pandemic since the last seven months,” said the court.

Reminding politicians and others about the gravity of the situation the court said, “It is a time of international crises where existence of human race is at risk and thus the least that is required of the political functionaries and the functionaries in the government and state, is that they should rise to the occasion and render national service to defend the nation from invisible enemy called Covid-19. The members of the political parties, functionaries of the government and the state can at least set an example for their followers and voters and the members of the general public, by adhering to the Covid-19 protocol issued by the central government, state government and the district magistrates from time to time.”

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