New Delhi: The Delhi High Court on Monday dismissed a plea seeking immediate action against Prime Minister Narendra Modi and other candidates contesting in the ongoing Lok Sabha elections for alleged hate speech in violation of the Model Code of Conduct (MCC).
The plea referred to a speech by PM Modi delivered on April 21 in Banswara, Rajasthan.
Justice Sachin Datta, while dismissing the plea, observed, "I cannot micromanage the Election Commission of India on how they deal with the situation. The ECI is a constitutional body, and it cannot be presumed that it will not take any action. This court finds no merit in the petition. The petition is accordingly dismissed."
Advocate Nizam Pasha, appearing for the petitioner, alleged that the ECI has taken action against several other leaders but did not take any cognizance of complaints filed against PM Modi.
Meanwhile, Advocate Suruchi Suri, appearing for the ECI, submitted that the BJP has recently sought an extension of time to reply to its notice, and the reply is expected by May 15.
On April 25, the Election Commission took note of Prime Minister Narendra Modi's remarks and served a notice to BJP national president JP Nadda over the former's "infiltrator" comments during a campaign speech at Banswara in Rajasthan.
The plea was filed by Shaheen Abdullah, Amitabh Pande, and Deb Mukharji, seeking a direction from the Delhi HC to the ECI to take immediate action, including filing an FIR against political leaders delivering hate speeches.
It was submitted that despite numerous complaints by several citizens, including petitioner Shaheen Abdullah, the ECI failed to take any effective action.
"The inaction of the respondent is manifestly arbitrary, malafide, impermissible, and constitutes a violation of its constitutional duty. It renders the MCC futile, the purpose of which is to ensure that communal harmony and the spirit of brotherhood are not compromised by candidates to secure victory in the elections," the plea stated.
It was further submitted that the omissions and commissions by the respondent are not only in complete violation of Articles 14, 21, and 324 of the Constitution of India but also impede free, fair, and unbiased general elections.
"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 normal circumstances. Such speeches, when made during elections, have additionally been declared an offence under Section 125 of the Representation of People Act, 1951," the plea stated.
The plea claimed that no action has been taken against PM Modi and other individuals making hate speeches during the ongoing election campaign.
It was also stated that immediate and effective action is not a discretionary exercise but a constitutional mandate that the ECI is bound by.
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