Covid Norms Violation Case| Allahabad High Court Stays Criminal Proceedings Against Ex-UP CM Akhilesh Yadav

The Allahabad High Court on Tuesday granted a stay on criminal proceedings pending before the MP/MLA Court, Gautambudh Nagar against Samajwadi Party (SP) chief and former UP CM Akhilesh Yadav and Rashtriya Lok Dal (RLD) chief and Rajyasabha Member Jayant Chaudhary over alleged violations of the model code of conduct and Covid-19 norms in 2022.

While granting a stay on criminal proceedings, a bench of Justice Raj Beer Singh also directed the state counsel to file a reply in the matter within 4 weeks and fixed February 3, 2024, for the next hearing in the case.

Essentially, the allegations against Yadav and Chaudhary are to the effect that they, along with 300-400 unknown persons, on February 3, 2022, were travelling from Luharli Gate, Gautam Budh Nagar towards Noida, when they were welcomed by the co-accused persons and during that process, a large gathering had assembled which resulted in violation of the guidelines of Covid-19.

It is the further accusation that at that time, the proclamation under Section 144 CrPC, as well as Model Code of Conduct, was also in force and from 10 pm to 8 am, there was a prohibition on canvassing and in that way, the proclamation under Section 144 CrPC, COVID-19 guidelines as well as the Model Code of Conduct were violated.

Yadav and Chaudhary were booked under Sections 188, 269, 270 IPC and Section-3/4 of the Epidemic Diseases Act and both of them were summoned by the local court. Challenging the summoning order as well as the entire criminal proceedings, the instant plea was moved.

Before the HC, the Counsel for Yadav submitted that the applicant had visited the area of district-Gautam Budh Nagar in relation to the election campaign after prior information to the district administration and therefore, it was the duty and responsibility of district administration and police to manage the public gathering.

It was further argued that in the vehicle (rath), in which the applicant was travelling, there were only five seats and that the applicant was not suffering from the COVID-19 pandemic or any other infectious disease and thus, it cannot be said that the he had violated any guidelines of Covid-19 or did any negligent act to spread infection and thus no prima facie case under Sections 269 and 270 IPC was made out.

On the other hand, it was argued by the Counsel for the state that the applicant may raise his defence version during trial but at this stage, considering the material on record, it cannot be said that no prima facie case is made out against him.

Against the backdrop of these submissions and considering the facts of the matter, the submissions of counsel for the parties, the Court believed that the matter required consideration and hearing on merits.

Consequently, the Court directed the opposite parties to file a counter affidavit within four weeks and a rejoinder affidavit. The Court also directed that till the next date of listing, the proceedings in respect of the applicant shall remain stayed.

Appearances

Counsel for Applicant: Imran Ullah, Mohammad Khalid, Vineet Vikram

Counsel for Opposite Party: G.A

Case title - Akhilesh Yadav vs. State of U.P. and Another

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