The Congress has asked the Election Commission (EC) to take action against Prime Minister Narendra Modi’s statements suggesting that the Opposition party might allocate the country's resources to "infiltrators" and "those who have more children".
The Congress said on Monday the speech was "divisive, objectionable and malicious” and that Modi had made “blatantly defamatory”, “false” and “unverified allegations” against the party, according to a report in the Indian Express (IE).
Stating that it was a “trial of the EC” too, the Congress said the poll panel “risks tarnishing its legacy and abandoning its Constitutional duty by setting a precedent of helpless inaction that will go down in infamy”.
The Communist Party of India (Marxist), or CPI (M), and a group of civil society activists on Monday asked the EC to take action against Modi. The CPI (M) urged the EC to promptly initiate proceedings against Modi and the Bharatiya Janata Party (BJP).
The IE report quoted CPI (M) leader Sitaram Yechury as saying, “An FIR needs to be lodged for inciting communal passions and hatred. The ECI’s failure to take suitable action will further undermine its credibility as an autonomous institution and lead to further vitiation of the environment for a free and fair poll.”
Yechury expressed hope that the Supreme Court (SC) would independently recognise Modi’s "incendiary speech" and issue a contempt of court notice for disregarding its rulings on hate speech, followed by the most severe punishment.
The CPI (M) said the Mandir Marg police station in Delhi refused to take its complaint against Modi. The party said the complaint has been forwarded to the Delhi Police Commissioner, the IE reported.
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The Congress filed 16 complaints, including one against the BJP over its “continued use” of religious figures such as Ram and construction of the Ram Temple in Ayodhya in its political advertisements, and another “seeking an inquiry into Doordarshan News in light of its decision to change the colour of its logo to saffron during the election period”.
The IE cited a senior EC source saying that the complaints, including the one against the PM, were being “examined” by the poll panel. The BJP’s complaint to the EC on Monday against West Bengal Chief Minister Mamata Banerjee was also being examined, he added.
Senior Congress leader Abhishek Singhvi, who led the delegation to the EC, said, “This is not only the trial of those against whom we have filed a complaint. It is a trial of the EC itself. It is a trial of our Constitutional spirit and ethos... hope that nobody fails that trial.”
The Congress asserted that Modi's comments reached an "unprecedented degree" of malice and constituted offences punishable under the Representation of the People Act and the Indian Penal Code (IPC), as well as violating provisions outlined in the Model Code of Conduct, according to the IE report.
The Congress, in its 11-page petition, stated, “These alarming and brazen violations committed by the PM... call for the immediate exercise of the Commission’s powers under Article 324 of the Constitution.”
According to the IE report, the Congress said Modi and senior BJP leaders have “deliberately and repeatedly, invoked religion, religious symbols and religious sentiments in its election campaign... These actions have been further bolstered by the Commission’s inaction in penalising the PM and the BJP for their blatant and direct violations of electoral laws".
Stating that the BJP, including the PM, has frequently resorted to religion to propagate divisive and hate-driven remarks throughout this election campaign, the Congress said that despite numerous complaints lodged by them, the EC has yet to issue a show-cause notice, the IE report stated.
The party said, “The Commission must ask itself if the same leeway would be granted to any other candidate if they so arrogantly and repeatedly defied the laws of our country."