SC to Hear Congress Plea over Inaction by EC against MCC Violations by Modi-Shah Duo

New Delhi: Supreme Court (SC) has agreed to grant an urgent hearing to a plea by Congress over the laidback response of the Election Commission (EC) against the gross model code of conduct (MCC) violations by Prime Minister Narendra Modi and BJP President Amit Shah.

Image Courtesy: Pankaj Nangia/Mail Today

Senior advocate and Congress leader Abhishek Manu Singhvi, who was appearing for Sushmita Dev, president of All India Mahila Congress, alleged that Modi and Shah have violated the MCC by indulging in hate speeches to polarise the voters and using the armed forces for ‘political propaganda’ since the day Lok Sabha elections were announced. It then accused the EC for a ‘less-than-a-lukewarm response’ to the numerous complaints.

The Congress has alleged that despite the EC clearly directing the political parties to not mention the defence forces in the election campaigns, as they are apolitical and neutral stakeholders in a modern democracy, the BJP, specifically Modi and Shah, have been using the Balakot air strike as their party’s courageous achievement.

On April 9, at a rally in Latur, Modi had urged the first time voters to dedicate their votes to the defence forces. Modi said, “I want to ask the first-time voter, can your vote be dedicated to those soldiers who conducted air strike on Balakot in Pakistan? Can your first vote be dedicated to those soldiers who were killed in Pulwama attack?” Adding further, he said, “We have ensured that terrorists are identified and killed, even if we have to enter other countries to do so.”
Nine days after a Kolhapur-based individual, Mahendra Singh, complained to the EC, it said that it was still reviewing the speech. A controversy had broken out when the complaint went missing from the EC’s website which was later said to be a ‘technical glitch.’ The EC then sought an explanation along with the speech transcript from the Maharashtra Chief Electoral Officer.

At another rally in Surendranagar, Gujarat, on April 17, Modi again brought up the Balakot air strike and said “Earlier terrorists from Pakistan would carry out attacks in our country and go back unscathed, threatening to launch their nuclear bombs if we retaliate. But we have the nuclear bomb of nuclear bombs. I told them to do what they want (but we will retaliate).” Later, at a public meeting in Sitamarhi, Bihar, Amit Shah praised Modi for his valiant response to cross-border terrorism for national security and said, “India is only the third country after Israel and United States to have retaliated to terrorism in this brave manner.”

The petition even mentions the roadshow-type-event and Modi’s speech after he cast his vote in Ahmedabad on April 23 saying that it is a violation of the MCC. Congress had approached the EC; however, it hasn’t responded yet.

Earlier this month, Uttar Pradesh Chief Minister Yogi Adityanath also triggered a controversy by referring to the Indian Army as “Modiji ki sena (PM Modi’s army)” – an assertion that was condemned by opposition parties as well as Army veterans.

The EC had even earlier drawn ire from the SC for its lenient approach towards the ruling party members this election season. Even the senior Congress leader P. Chidambaram accused the EC of failing to perform its duty and having a biased approach by brazenly ignoring the violations by the BJP. “According to me, the Election Commission has largely failed the people of India. It has been a silent spectator to the excesses of the BJP, Mr Modi’s utterances and the enormous amount of money that has been spent by the BJP,” Chidambaram said.

The petition states, “The lack of decision despite cogent evidence, representations and exhortations to the Election Commission demonstrates abdication and indecision and a complete absence of justice, in ensuring a level playing field.” It further argues that the EC has been quick in acting against other candidates but has been “guarded and oblivious” to the complaints and evidence given by the Congress against Modi and Shah.

“The slow response of the ECI in this regard is also contended to be a tacit endorsement of Modi’s and Shah’s conduct, in effect giving them a clean chit despite MCC violations,” the petition said. It further noted that any action by the EC after the elections are over will be meaningless. Such “deliberate and wilful violations”, when unaddressed, “send a message of endorsement, not just to the offenders, but to all party functionaries down the line”, it said.

The petition has asked the court to direct the EC to expeditiously decide the complaints filed against Modi and Shah, “without any delay or demur, and in any case not later than 24 hours from the [court’s] order”.

The matter is scheduled to be heard on Tuesday by a SC bench headed by the Chief Justice of India (CJI), Ranjan Gogoi.

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