MCC Violation: Allahabad HC Stays Criminal Proceedings against RLD Leader Jayant Chaudhary

The Allahabad High Court has granted a stay on the criminal proceedings initiated by a local court in Gautam Buddh Nagar against Rashtriya Lok Dal (RLD) chief Jayant Chaudhary.

The charges against him relate to an alleged violation of the model code of conduct and COVID-19 norms during the 2022 Uttar Pradesh assembly elections.

Responding to Chaudhary’s plea under Section 482 (inherent powers of the high court), Justice Sanjay Kumar Singh directed the state government’s counsel to submit a reply within four weeks. The court also provided two weeks for the applicant’s counsel to file a rejoinder affidavit and scheduled the next hearing after six weeks.

The case involves an FIR registered against former UP Chief Minister Akhilesh Yadav, RLD chief Jayant Chaudhary, and others at Dadri police station in Greater Noida in 2022. The charges, under various sections of the Indian Penal Code and the Epidemic Diseases Act, allege a violation of the model code of conduct and COVID-19 norms. A charge sheet was subsequently filed on October 12, 2022.

During the hearing, Chaudhary’s counsel, Imran Ullah, argued that Chaudhary was accompanying Akhilesh Yadav, whose criminal proceedings have already been stayed by another bench of the high court. Ullah further emphasized Chaudhary’s limited role, as he was merely present in the bus carrying Akhilesh Yadav.

Ullah also contended that in cases involving the violation of guidelines, the complaint should be filed by the person whose order has been violated. In this instance, such a complaint was not made, and an FIR was lodged directly, he stated. Additionally, Ullah argued that all the witnesses in the case are policemen with identical statements, making them unreliable.