Hold PM accountable, it’s trial of EC too, says Congress; CPM also seeks action

By evening, the CPI(M) and a group of civil society activists too approached the EC to demand action against Modi. The CPI(M) asked the EC to immediately launch proceedings against Modi and the BJP. “An FIR needs to be lodged for inciting communal passions and hatred. ECI’s failure to take suitable action will further undermine its credibility as an autonomous institution and lead to further vitiation of the environment for a free and fair poll,” CPI(M) leader Sitaram Yechury said.

Yechury also hoped the Supreme Court would take suo motu cognizance of Modi’s “incendiary speech” and issue a contempt of court notice for violating its pronouncements on hate speech, followed by strictest punishment. The CPI(M) said it sought to register a complaint against Modi, but the SHO at the Mandir Marg police station in the capital refused to accept it. The complaint has been sent to the Delhi Police Commissioner, it said.

Arguing that the speech has the potential to tear apart the social fabric of India, the civil society activists urged the EC to censure Modi and “impose a ban on his campaign as has been done earlier for violations of this nature”. Among the signatories were Apoorvanand, Shabnam Hashmi, Anjali Bhardwaj, Harsh Mander, John Dayal, Kavita Srivastava, Najeeb Jung, Prashant Bhushan and Santosh Mehrotra.

The Congress filed 16 complaints in all, including one against the BJP over its “continued use” of religious figures like Ram and construction of the Ram Temple in Ayodhya in its political advertisements, and another “seeking an inquiry into Doordarshan News in light of its decision to change the colour of its logo to saffron during the election period”. The Congress said the saffron colour is “universally associated with the BJP in Indian politics.”

While an EC spokesperson declined to comment on the Congress’s complaints, a senior EC source said all the complaints, including the one against the PM, were being “examined” by the poll panel. The BJP’s complaint to the EC on Monday against West Bengal Chief Minister Mamata Banerjee was also being examined, the EC source said.

“This is not only the trial of those against whom we have filed a complaint. It is a trial of the EC itself. It is a trial of our Constitutional spirit and ethos… hope that nobody fails that trial,” said senior Congress leader Abhishek Singhvi, who led the delegation to the EC.

The Congress said Modi’s remarks were malicious to an “unprecedented degree” and amounted to committing offences punishable under the Representation of the People Act and the IPC, besides violation of provisions under the Model Code of Conduct.

Prime Minister Narendra Modi with Rajasthan Chief Minister Bhajan Lal Sharma during a rally in Jalore. (PTI)

“These alarming and brazen violations committed by the PM…call for the immediate exercise of the Commission’s powers under Article 324 of the Constitution,” the Congress said in its 11-page petition. It said the gravity of the offence was even more “serious and egregious” as it was the PM who was making these “false and reckless statements”.

Asked to specify the action sought against Modi, Singhvi said: “What would you do in other cases… Did you see what Randeep Surjewala suffered? Does the EC have to be educated about what it will do? They know very well…You can give a stoppage for one day, two days, three days… accompanied by a warning. These are small things… the statement is much more serious.”

The Congress said Modi and senior BJP leaders have “deliberately and repeatedly, invoked religion, religious symbols and religious sentiments in its election campaign… These actions have been further bolstered by the Commission’s inaction in penalising the PM and the BJP for their blatant and direct violations of electoral laws.”

Modi’s remarks “are clearly aimed at creating enmity between groups, far worse than any ever made by a sitting PM in the history of India (and) this cannot go unchecked, unanswered and unpunished,” the Congress said.

He has made “false and divisive insinuations, targeted at a particular religious community and a clear provocation to the general public to act out and breach peace, potentially against such a religious community, tried to mislead the voters by making these false and unverified allegations… There is no nuance here and the PM, while making these claims, is clearly aware of what he is trying to achieve to malign, defame and perpetuate falsehoods against the Congress,” it said.

“The PM has to be held accountable by the ECI for the brazen trampling of the Model Code of Conduct as well as the whole gamut of offences — electoral and otherwise — committed by him and his party. If this Commission fails to rise to the challenge of upholding the law in the face of these defiant, deliberate and brazen violations being committed by the PM and his party, the ECI risks tarnishing its legacy and abandoning its Constitutional duty by setting a precedent of helpless inaction that will go down in infamy,” it said.

The party said Modi’s remarks were in violation of various sections of the Representation of the People Act, which labels such speech and malicious attempts as corrupt practices, and attracts offences under various sections of the IPC including “promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony”, defamation, undue influence at elections and making false statements in connection with elections besides various provisions of the poll code.

Stating that it was not the first time the BJP or its leaders, including the PM, had invoked religion to make divisive and hate-filled statements in this election campaign, the Congress said the EC has not even issued a showcause notice despite numerous complaints filed by it. “The Commission must ask itself if the same leeway would be granted to any other candidate if they so arrogantly and repeatedly defied the laws of our country,” it said.

“The only available remedy compatible with the principle of zero-tolerance towards allegations of corrupt practices, is the disqualification of the candidates who try to create a divide… We hope that this Commission treats this situation with the gravity it deserves. This is not a candidate who will be silenced by a simple censure,” the Congress said.