Civil Procedure Code (CPC)

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Background Facts

A large number of FIRs have been filed in the village on account of recent panchayat elections in the State. After the election of Panchayat election, a large number of accused may be infected and such infection may not have been detected too.

Counsel representing the state has also not given any assurance concerning the protection of the persons who are accused and are in jail or may be sent to jail in regards to protection from contraction of the infection known as novel coronavirus.

Anticipatory bail application has been filed by Prateek Jain who sought pre-arrest on the apprehension of death in case he is arrested and put in the prison system.

Court’s Observation

A bench headed by Justice Siddhartha.

Allahabad High Court stated that the Higher Courts and government have failed to fathom the disastrous consequences of permitting the elections in few States and the Panchayat elections in the State of Uttar Pradesh.

Due to the short-sightedness on the part of the government, there has been a spike in Covid 19 cases due to this deadly virus as the same hasn’t reached the village population in the first wave that has been spread in the village.

Allahabad HC also pulled Election Commission for the death of 135 polling officers due to covid 19 as the covid norms were not followed at counting area. State Government hasn’t satisfied in keeping a watch due to which citizens are not protected from this pandemic.

High Court has listed the higher authorities whose oversight led to the deteriorating situation across the State. The Supreme Court had allowed counting of the Uttar Pradesh Panchayat elections amid apprehensions about the spread of COVID infection.

The bench noted that it tough time monitoring the spread of the virus in urban areas, and it is difficult to test, detect and treat the village population suffering from a novel coronavirus. It lacked preparation and resources for the same at present.

What is your take on this widespread second wave of this virus? Do you agree with the Allahabad High Court observation? Tell us in the comments below.

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Shreya Taneja Online
13 May 2021    15  Report


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