Supreme Court Dismisses Plea Seeking ECI Action Against PM Modi, Anurag Thakur For Alleged Hate Speeches During Lok Sabha Elections

The Supreme Court on Tuesday (May 14) dismissed a writ petition seeking direction to the Election Commission of India (ECI) against hate speeches allegedly given by Prime Minister Narendra Modi and Union Minister Anurag Thakur during the campaigns for Lok Sabha elections.

The bench of Justices Vikram Nath and Satish Chandra Sharma was hearing the petition filed by ex-IAS Officer EAS Sarma and a former IIM Dean Trilochan Sastry. Senior Advocate Sanjay Hegde, appearing for the petitioners, pointed out that in 2019, the Court had entertained a similar petition and sought the response of the Election Commission. However, after the elections were over, that matter was disposed of.

After this brief submission by Hegde, the bench promptly said that it is dismissing the matter. "We have heard Mr. Sanjay Hegde at great length. We are not inclined to interfere in this petition under Article 32. It is accordingly dismissed," the bench recorded in the order. Though Hegde requested the bench to qualify the order by adding "at this stage" so that a future remedy is not foreclosed, the bench refused.

The writ petition had sought 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.

It cited the speeches given by PM 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. Reportedly, these speeches were repeatedly posted on different social media platforms like Instagram and Twitter by the official handle of BJP and sitting MP Arvind Dharmpuri.

It was 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 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 was also alleged 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.

The main reliefs sought by the petitioners were :

a. 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. 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 PM and Anurag Singh Thakur, which has been reiterated by the BJP through a video uploaded in its official Instagram account.

The petition was filed through AOR Anas Tanwir.

Case Details : Dr. Emani Anantha Satyanarayana Sarma & Anr v. Election Commission of India & Anr |Diary No. 22067-2024

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