Plea In Supreme Court Seeks ECI Action Against Alleged Hate Speeches Of PM Modi, Anurag Thakur & BJP

A writ petition has been filed in the Supreme Court seeking directions to the Election Commission of India (ECI) to initiate appropriate action against hate speeches being delivered by political campaigners, especially those on behalf of the Bharatiya Janata Party (BJP) for the 2024 General Elections.

The petition seeks directions to the ECI to initiate an investigation into the hate speeches allegedly given by Prime Minister Narendra Modi and Union Minister Mr Anurag Thakur. 

Filed by an ex-IAS Officer Mr EAS Sarma and a former IIM Dean Mr Trilochan Sastry, the petition cites the speeches given by Prime Minister Shri Narendra Modi on 21.04.2024, and the Union Minister of Information and Broadcasting, and Youth Affairs and Sports Shri Anurag Singh Thakur on 27.04.2024. These speeches were then repeatedly posted on different social media platforms like Instagram and Twitter by the official handle of BJP and sitting MP Mr Arvind Dharmpuri. 

"The Hon'ble Prime Minister Shri Narendra Modi on 21.04.2024, and the Union Minister of Information and Broadcasting, and Youth Affairs and Sports Shri Anurag Singh Thakur on 27.04.2024 have used hate speech demonising and stereotyping the Muslim community which was relayed by different mediums across the country.”

It is the contention of the petitioners that the ECI has turned a blind eye to the nature of speeches delivered which constitutes a serious breach of the Model Code of Conduct, the Indian Penal Code, 1860, and the Representation of People Act, 1951. The petitioners are aggrieved of the failure of the ECI to take any 'decisive action'. 

"The Election Commission of India has failed to undertake decisive action, notwithstanding repeated efforts to notify and prompt the statutory body of its obligatory responsibilities" 

It is also the contention of the petitioners that ECI has previously taken suo motu action against members of other political parties who were violating the Model Code of Conduct such as the Aam Adami Party, Bharat Rashtra Samithi etc.  

"In contrast, the Election Commission of India issued directives to the Aam Aadmi Party mandating alterations to their campaign anthem, citing perceived insinuations against the Bharatiya Janata Party and the judiciary. Additionally, Shri K. Chandrasekhar Rao, the Founder of Bharat Rashtra Samithi, was barred from campaigning due to alleged derogatory remarks made against the Indian National Congress. Notably, these interventions were initiated suo motu by the Election Commission. It is respectfully contended that the Model Code of Conduct delineates distinct provisions and standards of adherence applicable to the incumbent government, with a markedly higher threshold of compliance" 

The main reliefs sought by the petitioners are : 

a. Issue a writ in the nature of Mandamus and/ or any other writ/ order or direction to the Election Commission of India to take appropriate action against the violation of the Model Code of Conduct by the BJP and its representatives; 

b. Issue a writ in the nature of Mandamus and/or any other writ/order or direction to the Election Commission of India to exercise its power under Article 324 and initiate an investigation into the hate speech propagated by the Hon'ble Prime Minister and Shri Anurag Singh Thakur, which has been further reiterated by the BJP through a video uploaded in its official Instagram account 

The Petition has been filed with the assistance of AOR Mr Anas Tanwir.

Case Details :  Dr. Emani Anantha Satyanarayana Sarma & Anr v. Election Commission of India & Anr