Allahabad HC stays proceedings against Akhilesh

The Allahabad High Court has stayed the criminal proceedings against former Chief Minister and Samajwadi Party chief Akhilesh Yadav pending before a court at Gautam Buddha Nagar, related to violation of model code of conduct and Covid-19 norms during the 2022 Uttar Pradesh Assembly election.

Hearing an application filed by Akhilesh Yadav under section 482 (inherent powers of high court), Justice Raj Beer Singh on Tuesday, 5 December also directed the state government’s counsel to file a reply and fixed January 21, 2024 for the next hearing of the case.

In the present petition, an FIR was registered against Akhilesh Yadav and Rashtriya Lok Dal chief Jayant Chaudhary and others during the UP Assembly election on 4 February, 2022 at Dadri police station in Greater Noida under section188 (any deliberate disobedience of an order duly promulgated by a public servant), 269 (negligent act likely to spread infection), 270 (act likely to spread infection of disease dangerous to life) of the Indian Penal Code and various sections of Epidemic Diseases Act, alleging that they violated model code of conduct and Covid norms in 2022.

Subsequently, the charge sheet was filed against them on 12 October, 2022.

However, in the present petition, only Akhilesh Yadav has challenged the charge sheet and the entire criminal proceedings against him.

Appearing on behalf of the applicant, his counsel Imran Ullah contended that in such type of cases relating to violation of guidelines, the complaint can only be filed by the person whose order has been violated.

In this case, it was not done and the act which Akhilesh had allegedly done has not been appended anywhere in the case diary.

Further, Akhilesh was not suffering from Covid, then how can he be likely to spread infection, as has been alleged in the FIR.