Plea In Delhi High Court Seeks Registration Of FIRs Against PM Narendra Modi, Other Candidates Over Alleged 'Hate Speeches'

A petition has been filed in the Delhi High Court seeking immediate action against Prime Minister Narendra Modi and other candidates for delivering allegedly “communally divisive speeches” in violation of the Model Code of Conduct amid the Lok Sabha polls.

The plea refers to the Prime Minister's speech delivered in Banswara, Rajasthan on April 21.

The matter was heard today by Justice Sachin Datta who orally remarked that the Election Commission of India is a constitutional body and the court cannot micromanage it.

The matter is now listed for hearing on Monday. The court has asked the petitioner's counsel, Advocate Nizam Pasha, to place on record relevant documents referred to in the plea. Advocate Suruchi Suri appeared for ECI.

The petition seeks a direction on the ECI to take immediate action in accordance with law including filing of FIRs against candidates delivering hate speeches in violation of MCC.

The plea submits that despite a large number of complaints by several citizens, including Abdullah, ECI has failed in taking any effective action.

“This inaction on the part of the Respondent is manifestly arbitrary, malafide, impermissible and constitutes a violation of its constitutional duty. It amounts to rendering the MCC futile, the very purpose of which is to ensure that communal harmony and the spirit of brotherhood is not given a go-by by candidates to secure victory in the elections,” the plea states.

It adds that the “omissions and commissions” by ECI are not only in complete and direct violation of Articles 14, 21 and 324 of the Constitution of India but are also “impeding free, fair and unbiased General Elections.”

“It is submitted that a bare perusal of the aforementioned speeches, that are readily available and are being widely circulated on social media platforms, sufficiently establishes their communally inciteful nature. The Respondent despite being solely responsible for the conduct of free and fair elections has miserably failed in its constitutional duty of preventing hate speeches thereby leaving the sanctity and integrity of the entire election process in a lurch,” the plea states.

It further submits that no such action has been taken against Prime Minister Modi and others from the Bhartiya Janata Party for their alleged hate speeches, despite complaints made to ECI.

“The Respondent failure to take expeditious action 1s violative of the Representation of People Act, 1951, The Conduct of Election Rules, 1961 as well as the Constitution of India,” the plea states.

Title: Shaheen Abdulla & Ors. v. Election Commission of India