Breaking: Election Commission Moves Supreme Court Against Madras HC's Remarks That "EC Responsible For Covid & It's Officers Should Probably Be Booked For Murder"

Election Commission has moved the Supreme Court against Madras High Court's April 26 oral observations that the Election Commission was singularly responsible for the COVID-19 situation in India today and that it should probably be put on murder charges for failing to ensure adherence to COVID-19 protocol during election rallies.

It is also prayed that that directions be issued to media houses to confine their reports to observations recorded in orders or judgments and to refrain from reporting on oral observations made during court proceedings.

A Supreme Court Bench headed by DY Chandrachud will hear the matter on May-3.

"We have filed an appeal in the Supreme Court against the high court orders," EC's counsel Amit Sharma told PTI.

The EC, in its appeal in the apex court, said the high court's remarks were "uncalled for, blatantly disparaging and derogatory".

The division bench of the high court, on April 26, made the stinging observation on a plea moved by Tamil Nadu's Transport Minister M R Vijayabaskar, who was the AIADMK candidate from Karur in the April 6 Assembly polls, seeking a direction to the authorities concerned to ensure a fair counting of votes on May 2 in his constituency by taking effective steps and ensuring proper arrangements while following the COVID-19 protocols.

Earlier the Commission moved Madras High Court seeking the same. However, the Bench of Chief Justice Sanjib Banerjee and Justice Senthikumar Ramamurthy did not consider the submissions.

The Counsel for the Commission pleaded with the Court to issue directions, drawing attention to fact that it was tasked with the difficult job of conducting elections amid the pandemic.

"Media should be instructed not to sensationalise, the EC has a difficult job...," he submitted.

He proceeded to narrate that FIRs were being lodged against its officials for murder following the Court's widely reported remark that the Election Commission is singularly responsible for the COVID-19 situation in India and that it should probably be put on murder charges for failing to ensure adherence to safety norms.

Your Lordship's observation was only to spur us to action, not accusing us of committing a crime. We need an observation…", he beseeched.

"Courts will take care of frivolous complaints", the Chief Justice said.

Dictating the Bench's daily order in the suo motu proceeding, the Court said,

"Two aspects cannot be missed - the Union's endeavour to indicate that the surge in numbers may have been unexpected and that preparatory measures had been taken for quite some time. The second aspect is the EC's concern at sensationalism. The post mortem on either counts may have to wait particularly in the light of the immediate measures that have to be put in place."

With PTI Inputs