[Breaking] MP HC Orders FIR Against Union Minister Narendra Singh Tomar, Ex-CM Kamal Nath For Alleged Breach Of COVID Protocol [Read Order]

While observing that despite the High Court's strict orders, the Political Gatherings were attended and addressed by candidates, political/governmental/State functionaries in the State, the Madhya Pradesh High Court on Tuesday (20th October) in a strongly-worded order observed,"The common agenda of the political parties appear to be to conduct as many and as large congregations as possible with the ultimate object of gaining popularity during the election campaign. This obviously is done at the cost of health and lives of those gullible and innocent citizens of this country who come from lower strata of society and are unaware of the risk they incur to their lives by being a part of such congregations."The Division Bench of Justice Sheel Nagu and Justice Rajeev Kumar Shrivastava, was hearing a plea seeking directions for respondents authorities to take action to restrain the function organized by the political parties in the State.Notably, the Bench also directed the District Magistrates of Datia and Gwalior to ensure the registration of FIR against Central Minister Narendra Singh Tomar and Ex-CM Madhya Pradesh Kamal Nath for the alleged commission of the cognizable offence of breach of Covid-19 protocol.Significantly, the Counsel for the petitioner (Ashish Pratap Singh) informed the Court that on 05.10.2020 at Modi House, Opposite Landmark Hotel, Gwalior, Narendra Singh Tomar, the Hon'ble Minister of the Central Cabinet and M.P. from Morena was present and he addressed the political gathering but no FIR was lodged against Minister Tomar.It was also informed to the Court that a congregation took place on 05.10.2020 at Bhander, District Datia (M.P.) in the presence of Kamal Nath, Former Chief Minister of State of M.P., but no FIR was lodged against Kamal Nath.Apart from this, Court by an interim order directed thus:1. The District Magistrates of all nine districts falling within the territorial jurisdiction of this Court are restrained from giving permission to any candidate/political party for holding physical congregations of any number of people unless the political party applying for such a congregation is able to satisfy the District Magistrate concerned that conduction of virtual election campaign is not possible and the District Magistrate passes speaking order recording reasons of being satisfied of the inability of candidate/political parties to conduct virtual campaigning.2. The decision of the District Magistrate permitting any political party to conduct physical congregation shall become effective only after the Election Commission of India approves the same in writing.3. The holding of the physical congregation even if permitted by District Magistrate and Election Commission of India, can take place only after the political party/candidate intending to hold a congregation deposits money with the District Magistrate which is sufficient to purchase double the number of masks and sanitizers required for protecting and sanitizing the number of persons expected in the congregation and also when a candidate files an undertaking on affidavit that he shall be personally liable to distribute masks and sanitizers to all the members of the congregation before the meeting/congregation starts.Background of the CaseNotably, on 18th September, the Madhya Pradesh High Court had observed that "law, whether statutory or in the shape of the executive instructions deserves respect & obedience, as much from a common man as from a leader, a political functionary and even the head of State."Further, the High Court on Saturday (03rd October), in the public interest, passed some interim orders to prevent the Political Congregation in the State (specifically in the 9 districts falling within the territorial jurisdiction of the Bench).The Bench of Justices Sheel Nagu and Rajeev Kumar Shrivastava had instructed the State Authorities to invoke the penal provisions of DMA, IPC against political/governmental/state or social functionaries (Para (E) of the order dated 03.10.2020).Further, on Monday (12th October) the Court had directed the District Magistrates to treat the contents of I.A.6084/2020 in which the petitioner had revealed facts about the congregations held by different political parties and the contents of three reports of amicus curiae, as first information for the purpose of registration of a cognizable offence u/S.154 Cr.P.C. not only against the defaulting common man who is part of the congregations but in particular the political/State/Governmental functionaries in whose name or on whose behalf and in whose presence such congregation were held.Court proceedings on 20th OctoberThe amicus curiae in the matter drew attention of the Court to his 04th report which revealed holding of more such congregations where social distancing and wearing of masks was not followed and yet the congregations were attended and addressed by candidates, political/governmental/State functionaries.Importantly, when confronted with the ...

[Breaking] MP HC Orders FIR Against Union Minister Narendra Singh Tomar, Ex-CM Kamal Nath For Alleged Breach Of COVID Protocol [Read Order]

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