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2021 Supreme(Ker) 492
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, Kauser Edappagath, JJ.
Dr. Pradeep K.P., Advocate – Petitioner
Versus
State Of Kerala Represented By Its Chief Secretary And Ors. – Respondents
WP(C).No.10855 OF 2021(S)
Decided On : 07-05-2021
Advocate Appeared:
For the Petitioner: By Dr. Pradeep K.P.(Party In Person)
For the Respondent: P.Vijayakumar, SCGC, Shri.Deepu Lal Mohan, Adv., Sri. K.V.Sohan - State Attorney
Point of law : 'social distancing' protocols are acme and need to be enforced effectively and unreservedly, no matter the excuse some may make against it.
Headnote:
Civil Laws – Covid rules – Election rallies – Standing Counsel for Election Commission of India, Sri.Deepu Lal Mohan and learned State Attorney, Sri.K.V.Sohan, informed that directions of this Court have been complied with in its letter and spirit and that no processions, parades, congregations of crowding of any kind was allowed between 01.05.2021 and 04.05.2021 – Election Commission of India came out with directives to State Government to ensure that no celebratory or congratulatory processions or parades are allowed anywhere in State of Kerala – He submitted that these have also been complied with by law enforcement officials of State.
Finding of the court:
Court is sure that there would have been great difference to crisis which court is facing today and to a pointed question about this, learned State Attorney also affirmed it. – Court cannot turn back clock and what has happened has happened. – Court close this writ petition commending petitioner for having brought this grave issue to notice of this Court and recording appreciation of effort taken by Election Commission of India and Police force of this State in ensuring that there was no violation of COVID-19 protocols by any political party subsequent to afore extracted interim order of this Court. –
Result : Order Accordingly
JUDGMENT :
Devan Ramachandran, J.
In a manner of speaking, the wheel has now come a full circle!
2. The public health situation today is no less grave – if not worse – than it was last year this time, thanks to the resurgent wave of COVID-19 pandemic.
3. The seemingly unbridled and unrestrained euphoria of an inevitable and vital democratic exercise – the local body and State Legislature elections – was in full display in the last few months and one can only rue in hindsight that, perhaps, if we had been collectively a little more careful, the present crisis could have been better contained.
4. The prophylactic 'SMS' against COVID-19 – Sanitiser, Mask and Social Distancing – was unfortunately lost in the din of the electoral campaigns. There is a general sentiment that we let out guard down, but we cannot let it happen again.
5. It is in this scenario that the importance of this writ petition becomes glaring.
6. Normally, when election results are announced, after the counting, celebratory and congratulatory congregations and processions would have been the norm. Anticipating this, the petitioner approached this Court and we passed an order on 30.04.2021 as below:
“The petitioner, in public interest, inter alia seeks that this Court declare all kinds of public and social gatherings, processions or parades in the 'name of election oriented or organisational activities' by the political parties, to be unconstitutional and illegal during the period when the COVID-19 protocols are in force; and as an interim measure, prays that such activities be banned, particularly between 01.05.2021 and 04.05.2021.
2. The learned State Attorney, in response, submitted that the official respondents are fully alive to the rapidly evolving COVID19 pandemic scenario and that consequently, no gatherings or meetings or processions or parades in violation of the pandemic protocols will be allowed by any one, including political parties.
3. Quad hoc the counting day preparedness, he added that the General Directives of the Election Commission of India dated 21.08.2020, supplemented by Exhibit P3 order dated 27.04.2021 and the directions in Exhibit P4 Government Order dated 26.04.2021, will be scrupulously implemented.
4. Primafacie, we cannot view this writ petition to be adversarial, since the averments, in its inherent nature and tenor, present a compelling public cause.
5. The upward curve of the pandemic statistics is climbing by the day, reminding all of us to act responsibly and with extreme care.
6. The 'social distancing' protocols are acme and need to be enforced effectively and unreservedly, no matter the excuse some may make against it.
7. Hence strict prevention, rather than initiation of punitive action after infractions, is – as the aphorism goes -the need of the hour.
8. We are certain that the directives of the Election Commission of India and that of the Government cannot merely rest on paper, as it seemingly were when the election campaigns had been completed. This Court cannot, therefore, afford to allow anything to chance, when our State is in the brink of a precipice.
9. The petitioner is, consequently, directed to take out notice before admission to respondents 5 to 10 by E-mail/Fax, while recording that the learned State Attorney has taken notice on behalf of respondents 1 to 3 and that the learned Assistant Solicitor General seeks time to obtain instructions from the fourth respondent.
10. Considering the nature of the prayers made, we also deem it appropriate to suo motu implead the Election Commission of India, Nirvachan Sadan, Ashoka Road, New Delhi. It is so ordered. The petitioner is directed to serve a copy of this writ petition on Sri.Deepu Lal Mohan, learned Standing Counsel for the said respondent, today itself.
11. We record the afore submissions made by the learned State Attorney and resultantly direct respondents 1 to 3, particularly the State Police Chief, as also the District Collectors – who are the District Electoral Officers and
