Lok Sabha Elections 2024: The Delhi High Court on Monday rejected a plea seeking direction to the Election Commission to take action against Prime Minister Narendra Modi for delivering allegedly "communally divisive speeches" in violation of the Model Code of Conduct amid Lok Sabha poll.
'No merit in the petition'
Justice Sachin Datta remarked that the plea lacked merit and was misconceived. He emphasised that the Election Commission of India has the authority to independently assess the petitioner's complaint in accordance with the law. “This court finds no merit in the petition. The petition is accordingly dismissed,” the court said.
The court also referenced its previous order made in a plea concerning a speech given by the prime minister, which allegedly sought votes in the name of religion and deities. It further stated that making any presupposition in such matters is unjustified.
The counsel for the ECI submitted that it has issued a detailed advisory to all political parties. It said that appropriate action shall be taken if necessary on the reply. The petitioner's counsel said the ECI cannot have different standards for taking action against different politicians.
What was the plea?
The plea alleged that despite complaints made to the Election Commission, no action has been taken against Prime Minister Modi and other BJP members for their alleged hate speeches. The plea referred to a speech of PM Modi delivered on April 21 in Banswara, Rajasthan.
The plea which was moved by three persons namely Shaheen Abdullah, Amitabh Pande and Deb Mukharji, sought direction to the ECI to take immediate action, including the filing of an FIR against the political leaders delivering hate speeches.
"This inaction on the part of the Respondent is manifestly arbitrary, malafide, impermissible and constitutes a violation of its constitutional duty. It amounts to rendering the MCC futile, the very purpose of which is to ensure that communal harmony and the spirit of brotherhood is not given a go-by by candidates to secure victory in the elections," the plea stated.
It is further submitted that the omissions and commissions are not only in complete and direct violation of Articles 14, 21 and 324 of the Constitution of India but are also impeding free, fair and unbiased General Elections.
"It is pertinent to note that the delivery of communally divisive speeches is a punishable offence under Sections 153-A, 153-B, 295 and 505 of the Indian Penal Code even in the normal course. Such speeches when made during elections have additionally been declared to be an offence under Section 125 of the Representation of People Act, 1951," the plea stated.
The pela has claimed that no such action has been forthcoming against PM Modi and other persons making hate speeches during the ongoing election campaign.
It is also said that taking immediate and effective action is not a discretionary exercise but a constitutional mandate that Respondent (ECI) is bound by.
(With agencies input)
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