Covid Norms Violation Case | Allahabad High Court Stays Criminal Proceedings Against RLD Chief Jayant Chaudhary

The Allahabad High Court on Monday granted a stay on criminal proceedings pending before the MP/MLA Court, Gautambudh Nagar against 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 Sanjay Kumar Singh also directed the state counsel to file a reply in the matter within 4 weeks and posted the matter for hearing on February 20, 2024.

Last month, Samajwadi Party (SP) chief and former UP CM Akhilesh Yadav was also granted relief in this very case by the High Court.

Essentially, the allegations against Chaudhary and Yadav 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 a violation of the guidelines of Covid-19.

The FIR lodged against them also alleges that at that time, the proclamation under Section 144 CrPC and Model Code of Conduct were also in force. From 10 pm hours to 08 am, there was a prohibition on canvassing and in that way, proclamation under Section 144 CrPC, COVID-19 guidelines as well as Model Code of Conduct-2022 were violated.

After the culmination of the investigation, a charge sheet dated 12.10.2022 was submitted against all the named accused persons including the applicant, on which, the Civil Judge (Senior Division)/FTC took cognizance on 30.10.2023 and summoned the accused persons to face trial.

The main substratum of the argument of counsel for Chaudhary was that he had been falsely implicated in the case due to political reasons and that the investigating officer under the influence of the ruling party did not conduct a fair investigation in the matter.

It was further submitted that the proceeding of the case in respect of co-accused Akhilesh Yadav has already been stayed by this Court vide order dated December 5, 2023 and since Chaudhary's case stands on a better footing than that of co-accused Akhilesh Yadav, therefore, the applicant is also entitled for interim relief. It is also pointed out that in above noted application filed by Akhilesh Yadav, no counter affidavit had yet been filed by the State.

Considering the facts and circumstances of the case as well as the order dated December 5, 2023, passed by the Coordinate Bench of this Court granting relief to co-accused Akhilesh Yadav, the Court opined that prima facie, the matter requires consideration.

Consequently, the Court posted the matter for hearing on February 20 and directed that till the next date of listing, further proceedings of the aforesaid case against the applicant Jayant Chaudhary shall remain stayed.

Case title - Jayant Chaudhary @ Jayant Kumar Singh vs. State of U.P. and Another

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