Supreme Court Refuses To Entertain Plea To Disqualify PM Modi From Elections For Alleged Communal Speeches In Campaigns

The Supreme Court on Tuesday (May 14) refused to entertain a petition seeking to disqualify Prime Minister Narendra Modi from elections for allegedly making hate speeches and invoking religion during campaigns.

After the bench comprising Justices Vikram Nath and Satish Chandra Sharma expressed reluctance to entertain the matter, the petitioner chose to withdraw the petition. The petition was accordingly dismissed as withdrawn.  

When the matter was taken, the petitioner's counsel said, "I have annexed the speeches made by respondent No.2 (PM Modi), where he has clearly sought votes in the name of God."

Justice Nath pointed out that the petitioner has approached the Court directly without approaching the ECI first. "Don't come under Article 32/226 like this. You must approach authority. If you want to withdraw, we will permit you," the judge said.

The petitioner then agreed to withdraw the petition but sought liberty to approach the ECI. However, Justice Nath said, "Why should we(grant liberty)? That's your job, your problem".

The Court also dismissed another petition which sought directions to the ECI to act against PM Modi and Union Minister Anurag Thakur for alleged hate speeches.

The present petition was filed by one Fatima against the Election Commission of India and Prime Minister Narendra Modi, alleging that on April 21, 2024, the PM addressed a public rally at Banswara, Rajasthan and made statements aimed at creating enmity between groups. The petitioner claimed that the same was a serious violation of the Model Code of Conduct, Representation of the Peoples Act and Indian Penal Code.

To quote the plea, "the statement made by the Respondent No.2 are not only inflammatory but illegal and promoting ill feeling amongst communities. The Respondent No.2 referring to mangalsutra is clearly referring to Hindu Community. The Respondent No.2 referred to Ghuspaithiye meaning intruder and jinke jyada bachche hain, meaning he is clearly speaking in reference to Muslim community. The Petitioner is submitting the details of the speech of Respondent No.2 at Rajasthan's Banswara on 21.04.2024 which is available in the Youtube Page of Shri Narendra Modi…”.

The petitioner further claimed that PM Modi gave a similar speech in Uttar Pradesh, committed an offence under Section 153A of the Indian Penal Code and attracted disqualification under the Representation of the People Act, 1951.

“Respondent No.2 not only sought votes in the name of Hindu and Sikh Deities and their places of worship, but also made comments against opposite political parties as favoring Muslims. This statement of the Respondent No. 2 creating hatred by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial language or regional groups or castes or communities…The Petitioner further submits that the Respondent No.2 is on the run of making the same violative speech throughout India while travelling in aircrafts and helicopter of Government of India.”

Accordingly, the petitioner sought immediate action against the PM under the MCC.

Case Title: Fatima v. The Chief Election Commissioner and Anr., Diary No(s). 21732/2024