The Election Commission of India has directed the UP government to intimate the status of investigation into the case of a CD containing inflammatory material allegedly released by BJP leaders ahead of the 2007 Assembly elections.
The commission has also sought comments and clarifications on two allegations levelled by one Hans Raj Jain regarding the case.
In 2010,Jain had filed a case before the Delhi High Court against Chief Election Commissioner and raised the issue of tardy investigation into the case. He had also alleged that the CD was not sent for forensic examination.
While state election departments Principal Secretary Umesh Sinha was not available for comment,Additional Chief Electoral Officer and Special Secretary of Election Department Alok Tiwari confirmed that the EC has sought information on these two points.
A meeting in this regard with the Lucknow District Election Officer (district magistrate) and Senior Superintendent of Police will be held after Moharram,Tiwari added.
The commission has also asked the UP government as to why the state government keeps informing it that the forensic report was awaited when the report had in fact been received.
EC Secretary Varinder Kumar has sought information about the case from UP Chief Secretary.
According to UP Chief Electoral Offices recorrds,the BJP had released a controversial CD titled Bharat ki pukar in a press conference in 2007 before the Assembly elections. Then Lucknow SSP was directed on April 4,2007,to carry out an investigation and Hazratganj police station in-charge conducted the preliminary inquiry fund out the CD could cause hatred among different communities and political parties.
Then Hazratganj police in-charge Adesh Kumar Sharma,on April 5,2007,registered FIRs against BJP office-bearers and workers under various IPC sections including 153 A ( Promoting enmity between different groups on ground of religion),Section 153 B (Imputations,assertions prejudicial to nation integration and Section 295 A (Deliberate and malicious acts,intended to outrage religious feelings) and Section 125 of the Representation of the People Act that is for promoting enmity between classes in connection with election.
In connection with the controversial CD,another case was registered against BJP president Rajnath Singh,MLA Lalji Tandon and others,who had allegedly produced and distributed the CD,under IPC sections of 153 A,153 B as well as section 3/3a/123/125 of Representation of the People Act on the complaint of then Chief Electoral Officer Anuj Kumar Bishnoi.
Three sub-inspectors and then circle officer (CO) of Hazratganj B P Ashok conducted the inquiry. After inquiry,Ashok on November 29,2007 prepared a chargesheet against Rajnath Singh,Lalji Tandon and others.
The chargesheet,however,could not be submitted in court and the inquiry continued. The case was later handed over to the special investigation section,Lucknow,which collected the CDs from the news channel which had aired the contents.