Delhi HC Junks PIL Seeking Action Against PM Modi For 'Communal Speech', Violation Of MCC

The Delhi High Court on Monday rejected a petition seeking action against Prime Minister Narendra Modi and other BJP leaders for allegedly making communal speeches and thus violating MCC

The Delhi High Court on Monday rejected a petition seeking action against Prime Minister Narendra Modi and other BJP leaders for allegedly making communal speeches and thus violating the Model Code of Conduct (MCC) amid the Lok Sabha polls.

A bench of Justice Sachin Datta junked the petition as "misconceived."

The plea sought a direction on the Election Commission of India (ECI) to take immediate action and file FIRs against candidates for speeches in violation of MCC. The petition was filed against ECI for not acting against the speech made by PM Modi in Rajasthan and Madhya Pradesh in April. The plea also sought action against BJP Chief JP Nadda and Union Minister Anurag Thakur.

Advocate Nizam Pasha appearing for the petitioners told the high court that the ECI cannot differentiate between politicians while taking action.

 Earlier on April 29, the same bench of the Delhi High Court rejected a plea seeking disqualification of Prime Minister Narendra Modi for six years for allegedly seeking votes for the Bharatiya Janata Party (BJP) in the name of deities and places of worship.

While dismissing the plea, the high court said that ECI will decide on the plea and it is not permissible for the high court to direct ECI to take a particular view on any complaint.

Justice Sachin Datta of the high court while rejecting the earlier petition observed that the plea was "thoroughly misconceived" as the petitioner has assumed that there has been a violation of the Model Code of Conduct.

At that time, Advocate Siddhant Kumar appearing for ECI assured the high court that the commission will look into the petitioner's complaint in accordance with the law. He asserted that ECI is a constitutional body and will process it. He further told the court that the ECI receives such complaints on a daily basis.

That petitioner had filed a complaint with ECI against PM Modi's speech delivered on April 09 in Uttar Pradesh, where he reportedly said that he has constructed the Ram Temple, developed Kartarpur Sahib Corridor and brought back the copies of Guru Granth Sahib from Afghanistan.

The court however, did not intervene as ECI is an independent body and has the power to decide the complaint and ascertain whether there was a violation of MCC in the first place.