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This is an archive article published on May 8, 2019

Modi’s ‘obscene’ remarks on Rajiv Gandhi meant to malign image: Congress MP to top court

The party, she informed the court, has submitted a complaint to the Election Commission (EC) on this.

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Congress Lok Sabha MP Sushmita Dev on Tuesday told the Supreme Court that the recent remarks by Prime Minister Narendra Modi on Rajiv Gandhi were “obscene/derogatory” and were meant to “malign and tarnish” the late Prime Minister’s image.

The party, she informed the court, has submitted a complaint to the Election Commission (EC) on this.

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In an additional affidavit filed in apex court, Dev, the MP from Silchar in Assam, stated that in an “act unbecoming of the high office he holds”, Modi made “unprecedented obscene/derogatory remarks” at a rally in Pratapgarh, Uttar Pradesh, on May 6 by referring to Rajiv Gandhi.

“In light of the aforesaid unfortunate and unbecoming statements made by the Prime Minister to malign and tarnish the former Prime Minister’s image, the Congress was constrained to submit another complaint dated 06.05.2019 against Prime Minister Narendra Modi…” Dev stated.

The court will take up her plea again on Wednesday.

Dev had earlier moved the court, accusing the EC of not acting on the Congress’s complaints regarding alleged violation of the Model Code of Conduct by Modi and BJP president Amit Shah in their speeches.

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Hearing her plea, the court had on May 2 asked the EC to decide the complaints by May 6.

When the matter came up on May 6, senior advocate Abhishek Singhvi, appearing for Dev, informed the court that following its direction, the EC had decided some of the complaints. The court then asked him to bring the EC orders on record.

Tuesday’s additional affidavit, filed in response to the May 6 direction, produced the orders and stated that the poll panel passed the orders in a “cryptic manner without any reasons whatsoever, in stark violation” of the law laid down by the top court.

In the affidavit filed by advocate Sunil Fernandes, Dev contended that the EC had “failed to appreciate that hate speeches delivered by the Prime Minister and Amit Shah are ‘corrupt practices’ under Section 123A of the Representation of the People Act, 1951 which ex facie promote feelings of enmity and hatred between different classes of citizens on grounds of religion…”

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The affidavit stated that the “dissent reported and given by one of the Election Commissioners is not provided along with the order”, which “demonstrates a complete lack of transparency and arbitrariness of the Respondent’s decision-making process on complaints against Shri Modi and Shri Amit Shah.”

Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More

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