The Delhi High Court dismissed the petition, stating that it lacked merit. The court affirmed that the ECI, being a constitutional body, should independently decide on the course of action. The ECI had already issued a notice to the BJP President, and a response was expected by May 15, following which appropriate action would be taken as per the law.
NEW DELHI: Today (May 13): The Delhi High Court dismissed a petition seeking the registration of a First Information Report (FIR) against Prime Minister Narendra Modi. The petition accused the Prime Minister of making communal speeches during the Lok Sabha election campaign. Justice Sachin Datta labeled the plea as “misconceived” and “without merit.”
The court emphasized that the Election Commission of India (ECI) is already examining the matter, and it cannot be assumed that the ECI will not take appropriate action.
Justice Datta stated that the court cannot interfere with or micromanage the ECI’s functioning. The court acknowledged that the ECI is actively dealing with the issue and has sought a response from the concerned parties.
The Court stated that the Election Commission of India (ECI) is handling the matter, and it cannot be assumed that the poll body will remain inactive.
“We cannot determine whom the ECI should issue notice to… We cannot assume that they will not take action. They cannot file an FIR first and then seek a response,” remarked the Bench.
Justice Datta also emphasized that the Court cannot oversee every detail of the ECI’s actions.
“We cannot micro-manage the ECI. They are actively addressing the matter. They have indicated they will await a response… We cannot assume they will not take action,” stated the Court.
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Advocate Nizam Pasha, representing the petitioners, argued that while the ECI had taken action against other leaders, including BRS leader K Chandrasekhar Rao, no notice had been issued to Prime Minister Modi.
“Why is Modi being treated differently from others? The notice is addressed to the political party and doesn’t even mention the speech,” he stated.
Pasha questioned the differential treatment and urged for equal application of the rule of law.
Pasha further stated, “Notices are issued to individuals in other cases, and action is taken immediately. However, in Modi’s case, there has been no action. Why an advisory for him and action against others? The rule of law should apply equally to all.”
On the other hand, Advocate Suruchi Suri, representing the ECI, informed the court that the BJP had requested an extension of time to respond to the notice. She assured that the ECI would take necessary action in accordance with the law, leaving the decision of action against the party or the star campaigner to the ECI’s discretion.
The petition referred to Prime Minister Modi’s speeches at Banswara, Rajasthan, and Sagar, Madhya Pradesh, where he allegedly made communal remarks. The petitioner argued that, despite numerous complaints from citizens, the ECI had failed to take effective action.
The petitioner claimed that the ECI’s inaction was arbitrary, mala fide, and violated its constitutional duty. The plea further contended that such inaction compromised the spirit of fair and unbiased general elections, contravening constitutional provisions.
The petitioner expressed concern that, despite numerous complaints from citizens, the Election Commission of India (ECI) failed to take effective action.
“This inaction by the Respondent [ECI] is evidently arbitrary, malicious, and constitutes a breach of its constitutional duty. It undermines the purpose of the Model Code of Conduct (MCC), which aims to uphold communal harmony and brotherhood during elections. The petitioner argues that the ECI’s omissions and actions violate Articles 14, 21, and 324 of the Constitution of India and hinder the conduct of free, fair, and unbiased General Elections,” the petition stated.
The plea highlighted that while the ECI had issued notices to several leaders such as K Chandrasekhar Rao, Atishi, Dilip Ghosh, and others, no action had been taken against PM Modi. Even the notice issued regarding his speech was addressed to the BJP President.
“Despite the ECI taking action in the past, including during the ongoing elections, against campaigners who violated the Model Code of Conduct, such as imposing bans on further campaigning and registering FIRs, no similar action has been taken against Narendra Modi and others who made hate speeches during the election campaign,” the plea added.
During the last hearing of the case on May 10, Justice Datta stated that the Court cannot oversee the Election Commission of India (ECI), emphasizing its status as a constitutional body.
“The determination of whether there has been a violation of the model code of conduct is within the purview of the ECI, which is a constitutional body. We cannot intervene in its management,” remarked the Bench.
