PM Modi Commenting on “Muslims as Infiltrators and Distributing Wealth with the Infiltrators Children”: Delhi Court Asks Police To Submit Reports

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The Delhi court’s directive to the Delhi Police to provide an action taken report on the complaint against Prime Minister Narendra Modi’s alleged hate speech highlights the importance of addressing allegations of inflammatory language by public figures.

NEW DELHI: On 17th May: A Delhi court directed the Delhi Police to submit an action taken report regarding a complaint accusing Prime Minister Narendra Modi of using derogatory language against Muslims during a recent election speech in Rajasthan. Metropolitan Magistrate Kartik Taparia has requested the police provide information on the status of the complaint, the conducted inquiry, the identification of any cognizable offense, and the registration of a First Information Report (FIR).

Metropolitan Magistrate Kartik Taparia requested an action taken report addressing the following points:

  1. If a complaint has been filed, what actions have the police taken in response?
  2. Was an inquiry conducted based on the complainant’s submission?
  3. During the inquiry, was any cognizable offence identified?
  4. If a cognizable offence was identified, has an FIR been registered by the police?

The complaint was filed by a Delhi resident named Qurban Ali, who alleged that Modi’s speech violated the Model Code of Conduct and contained statements detrimental to national integration.

Background

Qurban Ali filed a complaint with the Hazrat Nizamuddin Police Station against Prime Minister Narendra Modi, asserting that his election rally speech on April 21 breached the Model Code of Conduct and included insulting remarks and allegations against Muslims. In the complaint, Ali stated that Modi deliberately employed language that disparaged the religious sentiments of the Muslim community, instigated animosity between Hindus and Muslims, and made assertions that were prejudicial to national integration.

One of the claims made by Modi during the speech was that the Congress party, while in power, declared that

“Muslims have the first right to the national property.” The complaint argued that Modi referred to Muslims as infiltrators and accused them of having more children.

According to Ali’s complaint, the assertions made by Modi were baseless and intended to perpetuate anti-Muslim propaganda, employing divisive language.

The complaint seeks the registration of an FIR against Modi under various sections of the Indian Penal Code (IPC), including those related to promoting enmity between different groups, imputations prejudicial to national integration, outraging religious feelings, and intentional insult with the intent to provoke a breach of peace.

Additionally, it invokes provisions of the Representation of the People Act, 1951, which prohibit soliciting votes on the basis of religion.

Since the Hazrat Nizamuddin Police Station did not register an FIR based on the complaint, Qurban Ali approached the Saket Court under Section 156(3) of the Code of Criminal Procedure. The Metropolitan Magistrate, Kartik Taparia, has now instructed the Delhi Police to submit an action taken report addressing specific points raised in the complaint.

“The Prime Minister, while campaigning for the Bharatiya Janata Party, deliberately used language that insults the religious feelings of the Muslim community, promotes enmity between the Hindu and Muslim communities, and contains assertions detrimental to national integration,” Ali stated in the complaint.

The report should detail whether any complaint has been filed, the actions taken by the police in response, whether an inquiry was conducted, and if any cognizable offense was identified, whether an FIR has been registered. The court has set a deadline of June 5 for filing the report.

The complaint further alleged that Modi referred to Muslims as infiltrators and those who “have more children.”

“Earlier, when the Congress was in power, they said Muslims have the first right to the wealth of the nation. This means they will distribute this wealth to those who have more children and to infiltrators. Should your hard-earned money be given to infiltrators? Do you agree with this?” Modi reportedly said during the speech, according to The Indian Express.

Alleging that none of Modi’s claims were true, the complaint stated that the Prime Minister’s speech perpetuated anti-Muslim propaganda and used communal language.

The complaint seeks the registration of a First Information Report (FIR) against Modi under various sections of the Indian Penal Code (IPC)—153A (promoting enmity between different groups), 153B (imputations, assertions prejudicial to national integration), 295A (outraging religious feelings of any class by insulting its religion or religious beliefs), 298 (uttering words with deliberate intent to wound religious feelings), 504 (intentional insult with intent to provoke a breach of the peace), and 505 (statements conducing to public mischief)—as well as provisions of the Representation of the People Act, 1951, which prohibit asking for votes in the name of religion.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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