ALLAHABAD HC - THE ELECTION COMMISSION, THE HCs AND THE GOVERNMENT FAILED TO COMPREHEND THE DISASTROUS OUTCOMES OF PERMITTING THE ELECTIONS

12th May 2021

Allahabad HC - Justice Siddhartha made rasping observations and remarks while hearing an anticipatory bail of a builder in Ghaziabad, accused of allegedly not granting possession of a flat to a person despite paying ₹27 lakh. The Court also passed directions to decongest prisoners.

The Court said, "On account of the recent panchayat elections in UP, a sizable amount of FIR's has been lodged in the villages. Keeping in sight the overall situation of the villages after the Panchayat elections, an outsized number of accused persons could be infected, and their infection may not have been detected."

"The Election Commission, the HCs and the Government failed to fathom the disastrous outcomes of allowing the elections in few States and the Panchayat elections in the State of UP. The infection of coronavirus, which had not reached the village population in its first wave of coronavirus spread, has now spread to the villages. The State Government is having a tough time controlling the spread of the coronavirus in urban areas, and it would be challenging to manage the village population. The State lacks preparation and sources for the same at present."

The Court held that given the circumstances and after finding that the apprehension to life in the current scenario is grounds for grant of anticipatory bail to an accused.

Author: Papiha Ghoshal