“Another complaint against TV channels has been filed under 126(1)(b) for telecasting Modi's press conference, it is not an FIR. It is a non-cognizable offence. We will approach the court and follow its order about the NC complaint as police cannot investigate NC complaint (on their own),” he said.
Speaking on condition of anonymity, the officer also said the charge under section 144 CrPC would not stand legal scrutiny.
“The charge against Modi under CrPC 144 will not stand the trial, as nobody can prove that all the mediapersons and common public were invited or called to the venue by Modi himself. Modi never sent SMS or called them,” he said.The officer said the BJP's prime ministerial contender may not be necessarily called for questioning.
“Our line of investigation includes questioning people present at the time and acquiring video footage.
However, it is not always necessary to question the accused.We may or may not call Modi for questioning,” he said “As per the RP Act, one can be sentenced to 2 years jail term and/or fine, for the violation of section 126(1)(a),” an official said.
Modi had set off a huge controversy after he addressed the media outside the polling station soon after casting his ballot in Ranip area in BJP veteran L K Advani's Gandhinagar constituency. All the while he spoke, Modi held a lotus badge in hand.
Seeing red, Congress immediately complained to the Election Commission and sought action against Modi including his disqualification.
