India's election commission should face murder charges over Covid-19 spike, Madras High Court says

Court says body has allowed political parties to breach pandemic protocols during elections

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  Workers carry biodegradable cardboard beds at a makeshift ward set up at Radha Soami Satsang Beas in south Delhi. Bloomberg

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  Health workers turn away an ambulance at the main entrance of Lok Nayak Jaiprakash Hospital in India's capital New Delhi. Bloomberg

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  Harsh Vardhan, India's health minister, inspects a Covid-19 centre in the capital city of New Delhi. India is now the global coronavirus hotspot, setting daily new records for the world's highest number of cases. Bloomberg

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  People carry oxygen cylinders after refilling them at a factory amid a surge in coronavirus cases in India's western city of Ahmedabad. Reuters

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  Workers prepare beds at a makeshift Covid-19 ward set up at Radha Soami Satsang Beas in south Delhi. Bloomberg

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  A man suffering from shortness of breath receives free oxygen inside his car at a gurudwara, Sikh temple, amid the spread of coronavirus, in northern Indian city of Ghaziabad. Reuters

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  A board indicates unavailability of beds at Lok Nayak Jaiprakash Hospital in India's capital New Delhi. Bloomberg

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  Relatives offer prayers before they bury the body of a Covid-19 victim in Guwahati, the capital of north-east Indian state Assam. AP Photo

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  A sign indicates unavailability of oxygen at the Covid-19 care centre set up at the Commonwealth Games Village Sports Complex in New Delhi. Bloomberg

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  A patient wearing an oxygen mask looks on as his wife holds a battery-operated fan as they wait inside an auto-rickshaw to enter a Covid-19 hospital, in western Indian city of Ahmedabad. Reuters

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  A man rides a bicycle through a deserted market area in the northern Indian city of Amritsar amid the lockdown imposed to prevent the spread of Covid-19. AFP

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  Health workers outside a Covid-19 ward set up at the Commonwealth Games Village Sports Complex in New Delhi. Bloomberg

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  Patients inside a Covid-19 ward set up at the Commonwealth Games Village Sports Complex in New Delhi. Bloomberg

The Indian Election Commission "should be put up on murder charges" after allowing Covid-19 restrictions to be breached during national elections, Madras High Court said.

The commission should be held responsible for “not stopping political parties” from breaching protocols during campaign rallies, Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy said at a hearing on pandemic election safety.

Four of India's states – Tamil Nadu, Kerala, Assam, West Bengal and the union territory of Puducherry – are still holding assembly elections. Voting in West Bengal, one of the most populous states, is set to end on April 29.

The court said the commission is “the only institution responsible for the situation that we are in today”.

"You should be put up on murder charges.”

The ruling from the Madras High Court comes days after another high court in Calcutta censured the commission for not ensuring political parties were following protocols.

“You have been singularly lacking any kind of exercise of authority. You have not taken measures against political parties holding rallies despite every order of this court saying ‘maintain Covid protocol, maintain Covid protocol’,” the Madras High Court said.

The chief justice also said that if a plan was not prepared to enforce regulations by May 2, all counting would be stopped.

India is facing a surge in cases, with thousands of people dying every day.

The latest wave comes after Prime Minister Narendra Modi allowed both political and holiday events to take place.

While campaigning in Bengal earlier this month, Mr Modi praised the large crowd.

"The crowd was only a quarter of the size," Mr Modi said referring to his last rally in the area. "[But] today, in all directions, I see huge crowds of people ... Today, you have shown your power."