The Supreme Court on Tuesday declined to entertain a Public Interest Litigation (PIL) seeking to ban Prime Minister Narendra Modi from elections over alleged hate speeches made during campaigning.
According to a report by the Bar and Bench, a bench comprising Justices Vikram Nath and Satish Chandra Sharma stated that the Court was not inclined to issue any directions to the Election Commission of India regarding this matter.
The plea was filed against speeches delivered by Prime Minister Modi and Union Minister Anurag Singh Thakur and posts made on the BJP’s social media handles. The apex court was hearing the petition filed by Fatima, represented by Advocate Anand S. Jondhale. The petition sought to disqualify Prime Minister Modi from elections for six years under the Representation of the People Act.
Justice Nath said, “We are not inclined to interfere. We cannot issue such directions under article 32. Dismissed,” as per reports by Bar and Bench. Meanwhile, the plea alleged that the ECI failed to take action despite a serious breach of the Model Code of Conduct.
“Despite constituting a serious breach of the Model Code of Conduct, the Indian Penal Code, 1860, and the Representation of People Act, 1951, and significantly contributing to the deterioration of communal harmony within the nation, the Election Commission of India has failed to undertake decisive action, notwithstanding repeated efforts to notify and prompt the statutory body of its obligatory responsibilities,”.
The Supreme Court on Tuesday refused to entertain another plea filed by petitioner Fatima, seeking action against PM Modi for allegedly violating the model code of conduct (MCC) by seeking votes in the name of religion.
The court said, “Have you approached authorities? For writ of mandamus, you must approach the authorities first, “Dismissed as withdrawn. We will not grant any liberty to approach, etc.; that is your job,”
Similarly, on Monday, the Delhi High Court dismissed a plea seeking immediate action against Prime Minister Narendra Modi and other candidates contesting in the ongoing Lok Sabha elections for alleged hate speech violations of the Model Code of Conduct (MCC). The plea specifically referenced a speech delivered by PM Modi on April 21 in Banswara, Rajasthan.
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Justice Sachin Datta, in his ruling, stated, “I cannot micromanage the Election Commission of India as to how they deal with the situation. The ECI is a constitutional body, and it cannot be presumed that it will not do anything. This court finds no merit in the petition. The petition is accordingly dismissed.”
Advocate Nizam Pasha, representing the petitioners, argued that while the ECI had taken action against several other leaders, it had not addressed any complaints against PM Modi. On behalf of the ECI, Advocate Suruchi Suri mentioned that the BJP had recently requested more time to respond to the notice issued by the ECI, with the reply expected by May 15.
On April 25, the Election Commission noted PM Modi’s remarks and served notice to BJP national president JP Nadda regarding Modi’s “infiltrator” comments during a campaign speech in Banswara.
Shaheen Abdullah, Amitabh Pande, and Deb Mukharji filed the plea seeking a directive from the Delhi High Court for the ECI to take immediate action, including filing FIRs against political leaders delivering hate speeches.
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