Political Parties Should Take Responsibility And Instruct Members To Wear Face Masks & Maintain Social Distancing : Karnataka High Court

A division bench of Chief Justice Abhay Oka and Justice S Vishwajith Shetty said:

"Prima facie we are of the view that it is the responsibility of all the political parties to join hands with the state machinery for strict implementation of rules regarding wearing of mask and social distancing. Time has come when even the political parties should take responsibility and issue strict instructions to its workers."

The parties have to make the statement before the court on December 4.

The bench noted that :

"On the record of the petition there are instances pointed out which show that political rallies organized by political parties the rules regarding wearing of face mask and maintaining social distancing were observed only in breach. Orders passed by this court will show that either the state has not taken any action or for face saving action is taken against a few individuals, that also belatedly".

The direction was given during the hearing of a petition filed by Letzkit foundation seeking strict implementation of the social distancing and compulsory wearing of face masks norms. The petitioners had highlighted that during the political rallies the norms were thrown to the wind.

On the previous hearing the state government had said that it was never its intention to prosecute or imprison, person's who were found not wearing masks in public places or not maintaining social distancing, under the stringent provisions of section 5 of the Karnataka Epidemic Diseases Act.

The statement is made in a an affidavit filed in response to the direction issued by the court directing the state government to inform whether it will prosecute Member of Parliament Tejasvi Surya and other political leaders who have violated norms by not wearing face masks during political rallies and have admitted to the breach in the form of paying the fine amounts imposed on them.

The affidavit filed by the state government read "It is the uniform policy of the state that it does not intend to prosecute mask/social distancing violators, with such harsh punishment and it is deemed sufficient that the fine of Rs 250/100, would suffice for such offences."

The CJ-led bench however expressed displeasure at the state stance to not prosecute violators of COVID-19 protocols and orally remarked that the intention appeared to protect politicians.

Following which the court had ordered "Since, most of the incidents which are reported of violation of the provisions of the regulations framed under the said act, are by political parties, we direct counsel for petitioner to place on record a list of recognized political parties, so that notices can be issued to them."