Congress in-charge of communications department Randeep Surjewala alleged that some state BJP leaders were threatening TV channels with cases in the name of the Election Commission.
"We strongly condemn the BJP and its leaders for their arrogant behaviour, for their unconstitutional attitude. We warn the BJP that they cannot impose such restrictions on the media as there is still rule of democracy in the country.
Alleging that the BJP leaders were now acting as "chief electoral officers", he said that the party demand the the EC register cases against them for "conspiring to tarnish the poll body's name".
Asked who were issuing such threats to journalists, he said, "We are on record to say that the Gujarat chief minister and the Gujarat BJP chief are calling up TV channels and have threatened them. Union minister Piyush Goyal has also said that cases will be registered against those airing Gandhi's interview."
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"If that was not violation of Model Code of Conduct, how could Rahul Gandhi's interview be?" he asked.
The Congress leader also referred to the BJP releasing its manifesto a day ahead of the first phase of polling in Gujarat on December 9.
Some local news channels in Gujarat telecast Rahul Gandhi's interview ahead of the second phase polling in the state on December 14.
While the BJP claimed that airing of interviews was a "clear violation" of the poll code, Swain said the rules and guidelines prohibit campaigning in the 48-hour period before the end of polling do not amount to a "gag order".
"There are rules and guidelines which ban broadcasting of certain election-related content on TV during 48 hours... But we cannot call it a gag order," Swain told reporters.
Section 126 is about 'prohibition of public meetings during period of forty-eight hours' prior to end of polling.
When asked if a restraining order has been issued to news channels to stop the broadcast, Swain only said that he would first examine the evidence.
"Before the start of 48-hour period, all the rules related to campaigning as prescribed under section 126 were brought to the attention of political parties and candidates. Now if a complaint comes about an interview, we will first examine the evidence," said Swain.
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