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'Can't Presume EC Won't Do Anything': Delhi HC Rejects Plea for FIR Against PM's Communal Speeches

'We cannot decide as to whom the ECI should issued notice...'
Delhi high court. Photo: File.

New Delhi: The Delhi high court has called a petition asking for a first information report to be registered against Prime Minister Narendra Modi over the communal nature of his recent speeches, “misconceived.”

Bar and Bench has reported that Justice Sachin Datta rejected the petition, saying that it was “without merit” as the Election Commission was already seized of the matter.

Illustration: Pariplab Chakraborty

“We cannot decide as to whom the ECI should issued notice… We can’t presume that they won’t do anything. They can’t register an FIR first and then seek response,” the high court bench said.

Justice Datta also said that the Court cannot micromanage the ECI.

Justice Datta also said that the court cannot “micromanage the ECI.”

Starting from Banswara in Rajasthan in late April, the prime minister has been making openly communal remarks in his speeches as he campaigns seeking a third term in office. Accusing the Congress of planning to snatch their wealth to distribute it to Indian Muslims, he referred to the community as “those with more children” and “infiltrators.”

The petition referred to this speech, along with Modi’s speech in Madhya Pradesh on April 24 where he alleged that the Congress party had given reservation based on religion, as well as speeches by BJP president J.P. Nadda and Union minister Anurag Thakur.

The petitioners, represented by advocate Nizam Pasha, said that the poll body had taken action against Bharat Rashtra Samithi leader K. Chandrashekhar Rao but has not issued even a notice to Modi.

“Why is this individual [Modi] being treated differently from others? Their [ECI] notice is to the political party. It doesn’t even mention the speech,” he said, according to Bar and Bench. 

“Why advisory for this person and action against others? The rule of law has to be equal for all,” he added.

Advocate Suruchi Suri who appeared for the EC said the BJP received an extension in the deadline, which is now May 15, to respond to the notice.

She said that action “will be taken as per law if needed.”

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