The Allahabad High Court has granted a stay on the criminal proceedings against Samajwadi Party (SP) chief and former Uttar Pradesh Chief Minister Akhilesh Yadav, and Rashtriya Lok Dal (RLD) chief and Rajya Sabha Member Jayant Chaudhary. The proceedings, pending before the MP/MLA Court, Gautambudh Nagar, relate to alleged violations of COVID-19 norms and the model code of conduct in 2022.
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Justice Raj Beer Singh, presiding over the case, ordered the stay and directed the State government to file its reply within four weeks. The next hearing in the case is scheduled for February 3, 2024. The order stated,
“Considering the facts of the matter, it is directed that till the next date of listing, the proceedings in respect of applicant/accused in Case No. 16331 of 2023 (State Versus Akhilesh Yadav and others), arising out of Case Crime No. 78 of 2022 under Sections 188, 269, 270 IPC and Section-3/4 of Epidemic Diseases Act at Dadri police station, shall remain stayed.”
The allegations against Yadav and Chaudhary are that they, along with 300-400 unknown persons, were traveling from Luharli Gate, Gautam Budh Nagar towards Noida on February 3, 2022, when a large gathering assembled, resulting in the violation of COVID-19 guidelines. Additionally, it was alleged that the gathering violated the proclamation under Section 144 CrPC and the Model Code of Conduct, which were in force at the time.
Yadav and Chaudhary were booked under Sections 188 (disobedience to order promulgated by public servant), 269 (negligent act likely to spread infection of disease dangerous to life), and 270 (malignant act likely to spread infection of disease dangerous to life) of the Indian Penal Code (IPC), and Sections 3 and 4 of the Epidemic Diseases Act. They were subsequently summoned by a local court.
In his plea before the High Court, Yadav’s counsel argued that Yadav had visited the area for an election campaign after prior intimation to the district administration. It was contended that it was the duty and responsibility of the district administration and the police to manage the public gathering. Furthermore, it was argued that there were only five seats in the vehicle used for traveling and that Yadav was not suffering from COVID-19 or any other infectious disease at that time. Therefore, it was contended that Yadav had not violated any COVID-19 guideline nor had he acted negligently to spread the infection.
The Counsel for the state argued that Yadav may raise his defense version during the trial, but at this stage, considering the material on record, it cannot be said that no prima facie case is made out against him.
Considering these submissions and the facts of the matter, the Court believed that the matter required consideration and hearing on merits. Consequently, the Court directed the opposite parties to file a counter affidavit within four weeks and a rejoinder affidavit. The Court also directed that till the next date of listing, the proceedings in respect of the applicant shall remain stayed.
