"Whatever is published and stated pertaining to Afroz Fatta, BJP and Narendra Modi on the basis of a photograph is false, mala fide and mischievous, purportedly made to cause injury to the party and particularly to Narendra Modi," the legal notice sent by Shankar Chaudhary, BJP MLA from Vaav Assembly constituency of Banaskantha district, said.
The legal notice also said that such an act by secretary of the Indian National Congress, party spokesperson Randeep Surjewala and Union Minister Kapil Sibal is an offence punishable under Section 211 of the Indian Penal Code for making false charges.
"Congress spokesperson Randeep Surjewala and Kapil Sibal had reiterated in a press note that according to them, Afroz Fatta is a well known BJP supporter and a protege of Modi," the notice said.
The notice has demanded that the Congress submit "prudent materials" except photographs within 12 hours of the receipt of the notice.
On April 28, the Congress has released a compact disc (CD) purportedly showing Modi in pictures with Fatta who was arrested in connection with an alleged Rs 1,000-crore hawala racket and dared the BJP's prime ministerial candidate to submit himself to an independent probe.