HC: Why no case against politicians for Covid-19 violations?

The Karnataka High Court has asked the state government to specify whether it wants to prosecute politicians who evidently violated Covid-19 rules on wearing masks and maintaining social distance.

Citing the example of imposing just a fine on BJP parliamentarian L S Tejasvi Surya and eight others for taking out a rally from the Bengaluru airport to the party’s Malleswaram office in September, the court asked the government why it did not set the criminal law into motion. The court said it expected a positive response on this aspect from the government.

The rally celebrated Surya’s appointment as the convenor of the BJP Yuva Morcha. Pictures submitted to the court showed Surya without a facemask and addressing a crowd that didn’t maintain social distance. The government later told the court that it had penalised Surya and eight others.

A division bench headed by Chief Justice Abhay Shreeniwas Oka is hearing a PIL petition filed by Letzkit Foundation.

The court said that despite passing orders from time to time, the government had failed to take action.

“There are series of orders passed by this court inviting the attention of all the authorities to the gross violation of the rules regarding wearing of masks and maintaining social-distancing, especially in the city of Bengaluru. Notwithstanding orders passed from time to time, the state has failed to take any concrete action in respect of large-scale violations,” the bench said.

The court noted that except for registering non-cognisable cases and imposing fines, no stringent action has been taken against the politicians and their supporters.

“Now the question is why the state has not pressed criminal law into motion. As of today, if the concerned persons have paid fine, they have admitted their violations and therefore the failure of the state to prosecute them has very serious consequences. The state must make a statement on the next date,” the bench said.

This apart, the court took the BBMP to task for not paying marshals and ordered the civic body to credit their salaries within a day. “The marshals play a pivotal role when it comes to solid waste management. Marshals are the ones who are active in the field during the difficult days of Covid-19. The laxity on the part of the BBMP is simply unpardonable,” the bench said.