Plea for compulsory masking during poll campaigns: Delhi HC seeks stand of Centre, EC

“When all the authorities are unanimous on mandatory masking, it defies logic as to why the rule should not be enforced in election campaigns,” the plea said.

A scene at Kalmandapam during Tamil Nadu Chief Minister Edappadi K.Palaniswami campaign in March.

The Delhi High Court on Thursday issued notice to the Centre and the Election Commission on a plea seeking to take action against leaders, campaigners and candidates not following the mandatory use of face mask in the ongoing Assembly elections in various States and Union Territories.

A Bench of Chief Justice D.N. Patel and Justice Jasmeet Singh gave the order on an application filed by Vikram Singh, who is the chairman of think tank Centre for Accountability and Systemic Change (CASC) and former Director General of Police, Uttar Pradesh. The Bench has posted the case for further hearing on April 30.

The Assembly elections in Kerala, Assam, West Bengal, Tamil Nadu, and Puducherry are scheduled to be held in various phases between March 27 and April 29.

Advocate Virag Gupta, appearing for Mr. Singh, stated that despite various orders and guidelines, election campaigning was going on in full swing, without any regard to COVID-19 regulations .

“Reportedly, before the end of the first phase of campaigning in Assam and West Bengal, over 40 road shows and rallies had been organised by major political parties. At the same time, 59,117 fresh cases of COVID-19 were recorded in India on 25.03.2021, which is the highest in the last 159 days,” the application said.

It said the biggest casualty during the pandemic was the rule of law itself, as strict action was being taken against commoners, but there was barely any action against politicians.

“It is submitted that this ‘indirect discrimination’ between members of public, and politicians is evident from high collection of fines from commoners, but no action against politicians. This indirect discrimination is in the teeth of Article 14 of the Constitution,” the plea said.

“When all the authorities are unanimous on mandatory masking, it defies logic as to why the rule should not be enforced in election campaigns,” the plea said, seeking direction to the poll panel to create awareness through digital, print and electronic media for compulsory masking and social distancing during Assembly elections.