Plea in Delhi HC seeks action against PM Modi, others over alleged hate speech

New Delhi [India], May 10 : A plea has been moved before the Delhi High Court seeking a direction for immediate action against Prime Minister Narender Modi and other candidates contesting in the ongoing Lok Sabha elections over alleged hate speech in violation of the Model Code of Conduct (MCC).
The plea referred to a speech of PM Modi delivered on April 21 in Banswara, Rajasthan.
Justice Sachin Datta heard the matter and said that the Election Commission of India (ECI) is a constitutional body and the court cannot micro-manage it.
The plea which was moved by three persons namely Shaheen Abdullah, Amitabh Pande and Deb Mukharji, sought direction to the ECI to take immediate action, including the filing of an FIR against the political leaders delivering hate speeches.
The matter has been listed for hearing on Monday (May 13) by the bench. Meanwhile, the court has asked the petitioners to file relevant documents on record.
It is submitted that despite a large number of complaints by several citizens, including the Petitioner Shaheen Abdullah, having been made, Respondent ECI has failed in taking any effective action.
"This inaction on the part of the Respondent is manifestly arbitrary, malafide, impermissible and constitutes a violation of its constitutional duty. It amounts to rendering the MCC futile, the very purpose of which is to ensure that communal harmony and the spirit of brotherhood is not given a go-by by candidates to secure victory in the elections," the plea stated.
It is further submitted that the omissions and commissions by Respondent are not only in complete and direct violation of Articles 14, 21 and 324 of the Constitution of India but are also impeding free, fair and unbiased General Elections.
It is also submitted that a bare perusal of the aforementioned speeches, which are readily available and are being widely circulated on social media platforms, sufficiently establishes their communally inciteful nature. The Respondent despite being solely responsible for the conduct of free and fair elections has miserably failed in its constitutional duty of preventing hate speeches thereby leaving the sanctity and integrity of the entire election process in a lurch.
"It is pertinent to note that the delivery of communally divisive speeches is a punishable offence under Sections 153-A, 153-B, 295 and 505 of the Indian Penal Code even in the normal course. Such speeches when made during elections have additionally been declared to be an offence under Section 125 of the Representation of People Act, 1951," the plea stated.
The pela has claimed that no such action has been forthcoming against PM Modi and other persons making hate speeches during the ongoing election campaign.
It is also said that taking immediate and effective action is not a discretionary exercise but a constitutional mandate that Respondent (ECI) is bound by.