38.6c New Delhi, India, Tuesday, June 25, 2024

Proceed as Per 'Lalita Kumari' Judgment and Register FIR Against Defaulting Persons: MP HC to State Authorities [READ ORDER]

By Arundhuti Deshmukh      16 October, 2020 04:50 PM      0 Comments
Proceed as Per 'Lalita Kumari' Judgment and Register FIR Against Defaulting Persons: MP HC to State Authorities [READ ORDER]

The Gwalior bench of Madhya Pradesh High Court on Tuesday (October 13, 2020) directed District Magistrates of Gwalior and Datia to register FIR against Union minister Narendra Singh Tomar, MPPCC chief Kamal Nath, minister Pradyuman Singh Tomar, BJP candidate Munnalal Goel, and others for violating Covid safety norms. The court stated that leaders violated Covid protocol despite its interim order of October 3 wherein it was clearly instructed to follow corona safety norms at public meetings for by-elections.

High Court has also instructed Superintendent of Police of Gwalior and Datia for compliance report with regard to the above direction before the next date of hearing fixed on October 19, 2020. FIRs have to be registered on October 14 and its compliance reports have to be filed by October 18, 2020.

Petitioner and Advocate Ashish Pratap Singh along with others had filed a report pointing out at corona norm violation by politicians who gathered a larger number of people at election rallies where the number of people present exceeded the limit prescribed by Covid-19 protocol.

The petitioner pointed out that after the court passed an interim order on October 3, 2020, about 500 people gathered on the same day at Baghel Chhatrawas Naka Chandrawani Road, Lashkar in Gwalior. Another rally was organized by ex-MLA Munnalal Goel on October 4 in Gwalior legislative assembly constituency on behalf of Pradyumna Singh Tomar.

A similar gathering was organized on October 4 in ward number 19 on behalf of Congress candidate Satish Singh Sikarwar. On October 5, another rally was organized at Mody House opposite Landmark Hotel on behalf of union minister Narendra Singh Tomar. On the same day in Bhander in Datia district, a gathering was organized for MPCC chief Kamal Nath and Phool Singh Baraiya. On October 6, Covid protocol was breached yet again in ward number 1 when an election rally was organized for Ramniwas Rawat and Sunil Sharma. “Covid norms were breached with impunity in all these events,” the petitioner had told the court.

A decision by apex court’s constitutional bench given in Lalita Kumari v/s Govt of UP (2014) case, the court stated that registering FIR is mandatory if the information discloses commission of a cognizable offense and no preliminary inquiry is permissible in such a situation.

If the information received does not disclose a cognizable offense but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether a cognizable offense has been disclosed. If the inquiry discloses the commission of a cognizable offense, the FIR must be registered.



Share this article:

Leave a feedback about this

Trending Judiciary
Kejriwal moves SC against Delhi HC order blocking his release in Liquor Policy case; plea seeking urgent hearing likely to be mentioned today

Kejriwal moves SC against Delhi HC order halting his bail in liquor policy case; urgent hearing plea likely to be mentioned today.

24 June, 2024 10:47 AM
Trending Executive
UAPA Tribunal confirms ban upon two J&K outfits

UAPA Tribunal confirms ban on ‘Muslim League J&K’ and ‘Tehreek-e-Hurriyat J&K’ for secessionist activities under Section 3(1) of the anti-terror law.

24 June, 2024 11:10 AM


Trending Executive
MK Stalin Urges Amit Shah to Withdraw New Criminal Laws

Tamil Nadu CM Stalin urges Home Minister Amit Shah to withdraw new criminal laws, citing lack of consultation and fundamental errors in the enactments.

19 June, 2024 11:16 AM
Trending Judiciary
Calcutta HC mandates 1% reservation for transgenders in West Bengal Public Employment [Read Order]

Calcutta HC directs 1% reservation for transgenders in West Bengal public employment, ensuring equal opportunities and implementing Supreme Court’s 2014 mandate.

19 June, 2024 11:33 AM
Trending Judiciary
Supreme Court to organise Special Lok Adalat from July 29 to Aug 03, to mark its 75th anniversary [Read Press Release]

Supreme Court to organize Special Lok Adalat from July 29 to August 03 to facilitate amicable settlements of pending cases, marking its 75th anniversary.

19 June, 2024 11:50 AM
Trending News Updates
Post Office Act 2023 comes into force, repeals 125 year old legislation [Read New Post Office Act]

India enacts the Post Office Act 2023, replacing the 125-year-old Indian Post Office Act of 1898, to modernize and regulate postal services.

19 June, 2024 12:29 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email