SC Issues Notice To EC On Plea Alleging Inaction To Proceed Against PM Modi And Amit Shah For Poll Code Violations
May 1, 2019
A three Judge Bench of CJI Gogoi And Justices Dipak Gupta and Sanjeev Khanna has issued notice to Election Commission on a petition filed by Congress MP and party women wing president Susmita Dev accusing the Election Commission of shying away from taking action against PM Narendra Modi and BJP president Amit Shah for Model Code of Conduct violation in their election speeches.
Dev has complained that verifiable evidence has been led by the Congress on the MCC violation by Modi and Shah for delivering hate speeches and invoking armed forces in their campaigning despite a clear ban by the EC.
The petitioner submitted that since March 10th 2019 i.e. the date on which General Elections 2019, were notified, the Prime Minister, Mr. Narendra Modi and the BJP President, Mr. Amit Shah, specifically in sensitive areas and States, have ex-facie violated the provisions of the RP Act and the Election Rules and the process, thereof.
"The Prime Minister in blatant violation of the MCC held a rally on the day of polling in Gujarat on April 23rd, 2019 i.e. date of voting for the third phase of the election"
Objection has been taken to certain statements of PM Modi, including a comment made in Hindi in Wardha on April 1- "How can the Congress be forgiven for insulting the Hindus in front of the world? Weren't you hurt when you heard the word 'Hindu terror'? How can a community known for peace, brotherhood and harmony be linked with terrorism? In the thousand years of history, not a single incident shows an act of Hindu terrorism. Even the British historians could never find it".
And a few by Shah, such as "Rahul had defamed the Hindu religion all over the world. Even the court has stated that there is nothing like Hindu terror" and "Rahul should apologise for defaming the Hindu religion by linking it to terror" Earlier, the EC had taken stern action against BSP President Mayavati and UP CM Yogi Adityanath for similar violations, banning them from the campaigning for a stipulated period.
First published in Live Law.
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