To
The Chief Election Commissioner and Election Commissioners,
Election Commission of India,
New Delhi.
Sub.: Complaint to the Election Commission of India against the
Bharatiya Janata Party for violation of the
Model Code of Conduct, Representation of Peoples Act and the
Indian Penal Code.
Sirs,
Please find attached our Complaint against the BJP for violation of the
Model Code of Conduct, Representation of People's Act, 1951, IPC and
calling for strict action under the law.
Kindly confirm receipt of the Complaint sent as attachment, with the main
complaint copied below also.
*Yours **Sincerely**,*
Dr. V. Suresh, General Secretary, PUCL
-----------------------------
PUCL
*
PEOPLE’S UNION FOR CIVIL LIBERTIES*
* 332, Patpar Ganj, Opposite Anand Lok Apartments,*
*Mayur Vihar I, Delhi 110 091*
Phone 2275 0014 PP FAX 4215 1459
*Founder*: Jayaprakash Narayan; *Founding President: *V M Tarkunde
*President*: Ravi Kiran Jain;* General Secretary*: Dr. V. Suresh
E.mail*: **[email protected]&*
<https://mail.google.com/mail/u/0/h/bh8rwuxyejha/?&cs=wh&v=b&[email protected]&;>
*[email protected]*
<https://mail.google.com/mail/u/0/h/bh8rwuxyejha/?&cs=wh&v=b&[email protected]>
*
16th April 2019*
*To*
*The Election Commission of India*
*Nirvachan Sadan, Ashoka Road,
<https://maps.google.com/?q=Ashoka+Road,++%0D%0A%0D%0A+New+Delhi+110001&entry=gmail&source=g>*
*New Delhi 110001
<https://maps.google.com/?q=Ashoka+Road,++%0D%0A%0D%0A+New+Delhi+110001&entry=gmail&source=g>*
[email protected]
<https://mail.google.com/mail/u/0/h/bh8rwuxyejha/?&cs=wh&v=b&[email protected]>
*Subject: Complaint to the Election Commission of India against the
Bharatiya Janata Party for violation of the Model Code of Conduct,
Representation of Peoples Act and the Indian Penal Code.*
Sirs,
PUCL is appalled at the blatant violation of the Model Code of Conduct,
provisions of the Representation of Peoples Act, Indian Penal Code and the
Constitution of India by leading members of the Bharatiya Janata Party
during the election campaign to the ongoing Lok Sabha elections, 2019. Key
leaders of the BJP, the party in power, have made highly objectionable,
communal, anti - constitutional and hate inciting, statements in the last
few days as part of a high pitched election campaign which has seen new
depths of electioneering replete with undisguised, brazenly communal and
divisive, threatening and intimidatory speeches and sloganeering.
Details of some of the objectionable statements in the last two days are
set out below -
1. BJP issued statement on its official twitter account assuring
implementation of National Register of Citizens (NRC) and removal of every
single infiltrator except Buddha (Buddhist), Hindu, Sikh to create a “New
INDIA”.
https://twitter.com/bjp4india/status/1116246724119371776?s=21
<https://www.google.com/url?q=https%3A%2F%2Ftwitter.com%2Fbjp4india%2Fstatus%2F1116246724119371776%3Fs%3D21&sa=D&sntz=1&usg=AFQjCNFjuGWA_7taB9novZkzfHACjFjdqA>
1. BJP President, Shri. Amit Shah has promised to remove every single
infiltrator from this country and to identify and give Indian nationality
to Hindus and Buddhists, during the election campaigning in Assam and
Bengal.
*https://wap.business-standard.com/multimedia/video-gallery/general/we-will-ensure-implementation-of-nrc-in-the-entire-country-amit-shah-in-darjeeling-82379.htm
<https://www.google.com/url?q=https%3A%2F%2Fwap.business-standard.com%2Fmultimedia%2Fvideo-gallery%2Fgeneral%2Fwe-will-ensure-implementation-of-nrc-in-the-entire-country-amit-shah-in-darjeeling-82379.htm&sa=D&sntz=1&usg=AFQjCNGHvhy33cevpJSYOvEeUvZQMEUqWw>*
1. Prime Minister Shri. Narendra Modi, who is currently occupying the
highest office in the country, assured implementation of Citizenship
(Amendment) Bill and to ensure that no infiltrator’s name is present in the
National Register of Citizens, while also talking of partition and
protecting Hindus in his speech.
*https://m.timesofindia.com/elections/news/pm-modi-amit-shah-pitch-for-vexed-cab-nrc-on-campaign-trail-in-assam-and-bengal/articleshow/68837271.cms
<https://www.google.com/url?q=https%3A%2F%2Fm.timesofindia.com%2Felections%2Fnews%2Fpm-modi-amit-shah-pitch-for-vexed-cab-nrc-on-campaign-trail-in-assam-and-bengal%2Farticleshow%2F68837271.cms&sa=D&sntz=1&usg=AFQjCNFCkiFmxVkakRx8FC67f5v1uFY8pg>*
1. Ms. Maneka Gandhi, Minister for Women and Child Development,
Government of India, even while holding office, is reported to have said
while addressing members of the Muslim community that if they do not vote
for her and later come seeking her help she will not help them, which is
nothing but a direct threat.
https://www.news18.com/news/politics/maneka-gandhi-warns-muslims-wont-get-jobs-if-they-dont-vote-for-her-ec-are-you-listening-2100159.html
<https://www.google.com/url?q=https%3A%2F%2Fwww.news18.com%2Fnews%2Fpolitics%2Fmaneka-gandhi-warns-muslims-wont-get-jobs-if-they-dont-vote-for-her-ec-are-you-listening-2100159.html&sa=D&sntz=1&usg=AFQjCNF_P6P5oNNqy3GFkpLAyknryJGBGQ>
1. BJP candidate and MP from Unnao, Shri. Sakshi Maharaj, threatened to
put a curse on those who won’t vote for him.
https://timesofindia.indiatimes.com/elections/lok-sabha-elections-2019/uttar-pradesh/news/sakshi-threatens-to-curse-those-who-wont-vote-for-him/articleshow/68857881.cms
<https://www.google.com/url?q=https%3A%2F%2Ftimesofindia.indiatimes.com%2Felections%2Flok-sabha-elections-2019%2Futtar-pradesh%2Fnews%2Fsakshi-threatens-to-curse-those-who-wont-vote-for-him%2Farticleshow%2F68857881.cms&sa=D&sntz=1&usg=AFQjCNEHGls2YvW3C_DMZ_Usdsy2-fnGjQ>
1. BJP candidate and Leader of Opposition in the Karnataka Legislative
Council, Shri. K.S. Eshwarappa justified denial of tickets to Muslims and
Christians by BJP stating that they have not been given a tickets
because *they
are not loyal to the nation*.
https://navbharattimes.indiatimes.com/video/news/after-muslims-bjp-leader-eshwarappa-targets-christians/videoshow/68859254.cms
<https://www.google.com/url?q=https%3A%2F%2Fnavbharattimes.indiatimes.com%2Fvideo%2Fnews%2Fafter-muslims-bjp-leader-eshwarappa-targets-christians%2Fvideoshow%2F68859254.cms&sa=D&sntz=1&usg=AFQjCNF49C-yMc7vehqCXUlXjuCi9St_fA>
All the above statements are only a sample of the type of politically
divisive and vituperative speeches, slogans and messages sent out by the
BJP and its leaders. They constitute a blatant violation of the electoral
laws to ensure a free and fair election and are a direct attack on the
Indian Constitution. These statements are also a violation of the very
spirit of democracy and the cherished values of pluralism, inclusivity,
secularism, equality, non-violence and justice. The statements openly made
by BJP and its ministers during the election campaigning when the Model
Code of Conduct is in force, have been captured on video, are part of
official footage / social media posts and circulated on national television
and social media. The statements clearly seek votes on ground of religion
which is listed as a corrupt practice under S. 123 of the Representation of
People Act, 1951. More specifically the Statements of the BJP leaders,
including the Prime Minister, constitute the offence of Corrupt practices
and Electoral Offences as defined in sec. 123 of the Representation of
People’s Act, 1961:
(1) *Sec. 123(1)(A)(b)* – *Bribery* - any promise by a
candidate or his agent … to any person with the object, directly or
indirectly of inducing an elector to vote or refrain from voting;
(2) *Sec. 123(2)* - *Undue Influence* … any direct or
indirect interference … with the free exercise of any electoral right with
threat of, amongst other things, “divine displeasure or spiritual censure
(sec. 123(2)Proviso (ii))
(3) *Sec. 123(3)*: The appeal by a candidate or his agent …
to vote or refrain from voting for any person on the ground of his
religion, race, caste, community or language.
(4) *Sec. 123(3A)*: Promoting feelings of enmity or hatred on
grounds of race, caste, community or language.
Further, such statements have the effect of creating enmity, mistrust and
hatred amongst religious communities, and thereby instigating violence and
affecting national security which is an offence under s. 153 A of the
Indian Penal Code.
It is pertinent to point out that these statements also violate provisions
1, 3 and 4 under General Conduct (Chapter I) of the Model Code of Conduct (
https://eci.gov.in/mcc/
<https://www.google.com/url?q=https%3A%2F%2Feci.gov.in%2Fmcc%2F&sa=D&sntz=1&usg=AFQjCNE2qFg4wbmvD8F-att_GDx3lj6bxg>),
which prescribe:
*1. No party or candidate shall include in any activity which may aggravate
existing differences or create mutual hatred or cause tension between
different castes and communities, religious or linguistic.*
*3. There shall be no appeal to caste or communal feelings for securing
votes. Mosques, Churches, Temples or other places of worship shall not be
used as forum for election propaganda.*
*4. All parties and candidates shall avoid scrupulously all activities
which are “corrupt practices” and offences under the election law, such
as bribing of voters, intimidation of voters, impersonation of voters,
canvassing within 100 meters of polling stations, holding public meetings
during the period of 48 hours ending with the hour fixed for the close of
the poll, and the transport and conveyance of voters to and from polling
station.*
The offences committed by leaders of the ruling BJP are serious in nature
and have the effect of subverting the principles of free and fair
elections, which the Commission is duty bound to ensure and hold under
Article 324 of the Indian Constitution. The statements made during the
campaigning constitute blatant infringement of the constitutionally
guaranteed legal protections to citizens from religious discrimination,
right to equality before the law and equal protection of the law. The
statements, coming from senior Ministers currently holding office, both in
the Central Government as also State Government, also constitute a gross
abuse of their power and position as constitutional functionaries and
disrespect for the values enshrined in the Indian Constitution.
It is pertinent to note here that even in the election manifesto of the
BJP, communal, discriminatory and unconstitutional promises have been made,
with a view to unduly influence voters on communal grounds. The communal,
anti-constitutional, discriminatory and hate inciting statements made at
nos. 1, 2 and 3 in the list set out above, have been made further to
promises made under point no. 12 captioned Citizenship Amendment Bill and
points no. 7 and 8 captioned Combating Infiltration under the BJP’s
election manifesto 2019 (
https://images.indianexpress.com/2019/04/bjp-election-2019-english.pdf
<https://www.google.com/url?q=https%3A%2F%2Fimages.indianexpress.com%2F2019%2F04%2Fbjp-election-2019-english.pdf&sa=D&sntz=1&usg=AFQjCNEZSbT693wbfsbQTu3UXCJ8avyqgg>).
This is in violation of the provisions pertaining to Guidelines on Election
Manifestos (chapter VIII) of the Model Code of Conduct, specifically:
*3. (i) The election manifesto shall not contain anything repugnant to the
ideals and principles enshrined in the Constitution and further that it
shall be consistent with the letter and spirit of other provisions of Model
Code of Conduct.*
*(ii) The Directive Principles of State Policy enshrined in the
Constitution enjoin upon the State to frame various welfare measures for
the citizens and therefore there can be no objection to the promise of such
welfare measures in election manifestos. However, political parties should
avoid making those promises which are likely to vitiate the purity of the
election process or exert undue influence on the voters in exercising their
franchise.*
We would like to emphasise that such egregious election related violations
have been brazenly committed by BJP leaders not as a result of overzealous
or over enthusiastic actions but as part of a planned and deliberate
attempt to polarize and divide the electorate on communal lines; this is
revealed by the cynical use by the BJP of pictures and references to the
armed forces to claim credit for military operations like cross-border
strikes and referring to the armed forces as “*Modiji ki Sena*”. Election
stages are replete with party workers dressing in army uniforms and with
posters and pictures of armed forces personnel, including the picture of
IAF Wing Commander Abhinandan Varthaman, captured by Pakistan where he
landed after his aircraft was shot down, and later released by them.
It is necessary to point out that the party has also benefited from what
the Media Certification and Monitoring Committee (MCMC) of the Election
Commission of India has called `*surrogate advertising with political
overtones’* in the form of the promotional music and video films announcing
the release of the Modi Biopic. A Show Cause Notice had been issued to the
film’s producers, music company T-Series, YouTube channel running the
trailer and the newspaper publishers for violations of Chapter 15, Part 2
of the MCC and Sec. 171H IPC which eventually led to the ban of the release
of the film[1]
<https://mail.google.com/mail/u/0/h/bh8rwuxyejha/#m_3639776700856713244_m_5847817881272537610__ftn1>.
It is equally noteworthy that NaMo TV has been barred from airing political
content without certification from the MCMC. These actions though welcome
are grossly inadequate as the direct and openly communal and vicious
electioneering has put fear in the hearts of the minorities and other
citizens of this country. The Election Commission of India must take note
of the party’s conduct in order to maintain the sanctity, fairness and
dignity of India’s largest elections.
It is important to point out at this juncture that the brazen and
deliberate actions of the ruling BJP of stoking communal divides and
polarizing communities, effected in a systematic manner across the country
using election campaigning as the context, has created heightened sense of
fear and alarm amongst many section of the minority community, especially
Muslims and Christians. The strident declaration in several places by both
the Prime Minister, Mr. Narendra Modi, and Leader of the BJP, Amit Shah,
that the party, if voted to power will ensure that all infiltrators – by
implication, referring mainly to Muslims and Christians in particular –
will be removed from India has willy nilly created a palpable sense of fear
and alarm amongst members of these communities as to what the future
beholds them.
We express our concern over the communally surcharged situation that is
slowly engulfing many parts of India because of the communally polarizing
and divisive election campaign launched by the ruling BJP and its leaders.
The Election Commission of India must take immediate cognizance and strict
action against BJP leaders, and ensure that elections are held in an
environment of communal harmony and peace and in a free and fair manner.
PUCL calls upon the Election Commission of India and the Chief Election
Commissioner and Election Commissioners to forthwith and without any
further delay to:
1. Issue notice to Mr. Amit Shah, President of the BJP as to why
action should not be taken against the BJP for allegedly violating
provisions of the Representation of People’s Act, 1951, Model Code of
Conduct for Elections, IPC and other laws including to debar and / or
disqualify party candidates.
2. Initiate action to prosecute the BJP ministers for the alleged
unconstitutional and communally divisive statements inciting hate,
including but not limited to, PM Shri. Narendra Modi, Shri. Amit Shah,
President of BJP, Ms. Maneka Gandhi, Union Cabinet Minister for Women and
Child Development, Shri Sakshi Maharaj, MP and Shri. K.S. Eshwarappa,
Leader of Opposition, Karnataka, as per procedure provided under law.
3. Direct the print and electronic media not to publish/ disseminate /
telecast such communally divisive speeches, advertisements, posters etc.
1. To take all such actions as may be necessary and required in law
including direction for immediate registration of offences against all
parties and politicians for the blatant violation of Model Code of Conduct
;
2. To take all such actions as are necessary in law for holding a free
and fair Elections .
3. A strong directive may be issued by the EC calling upon all political
parties to refrain from using religion, caste or community or other
divisive language in electioneering, failing which they will invite
stringent action including disqualification of candidates.
4. The EC may issue a directive to all election officers and the police
machinery to adequately safeguard and protect religious and other
minorities so that they can exercise their franchise without fear of
reprisal.
7. Initiate firm, independent and unbiased action against all parties
and politicians found to be violating the Model Code of Conduct, provisions
of the RP Act and other laws by appealing to voters using caste, community
and other divisive slogans and hate campaigns. Salutary and immediate
corrective action alone will have the effect of ensuring that all parties
respect the Constitution of India and to adhere strictly to the Model Code
of Conduct and follow the rule of the land during election campaigns.
As an independent, constitutional body, we expect the Election Commission
of India to uphold the democratic values enshrined in the Indian
Constitution. This will help restore the faith amongst all sections of the
citizenry of the conduct of free and fair elections and the primacy of the
Indian Constitution and the Constitutional spirit and in the fairness and
independence of the Election Commission of India.
Sd/-
Mr. Ravi Kiran Jain,
Dr. V. Suresh,
National President, PUCL National
General Secretary, PUCL
------------------------------
[1]
<https://mail.google.com/mail/u/0/h/bh8rwuxyejha/#m_3639776700856713244_m_5847817881272537610__ftnref1>
See
https://www.thehindu.com/news/national/ec-panel-issues-notice-over-ad-on-modi-biopic/article26613097.ece
<https://www.google.com/url?q=https%3A%2F%2Fwww.thehindu.com%2Fnews%2Fnational%2Fec-panel-issues-notice-over-ad-on-modi-biopic%2Farticle26613097.ece&sa=D&sntz=1&usg=AFQjCNE6-9tcgB3RSYQ3on7dmFjFDGZQcQ>
and
https://thewire.in/politics/pm-narendra-modi-biopic-election-commission-2
<https://www.google.com/url?q=https%3A%2F%2Fthewire.in%2Fpolitics%2Fpm-narendra-modi-biopic-election-commission-2&sa=D&sntz=1&usg=AFQjCNHhKdjBeCp1KO-L53uDSo9d5mvGLQ>
------------------------------
[1]
<https://mail.google.com/mail/u/0/h/bh8rwuxyejha/#m_3639776700856713244_m_5847817881272537610__ftnref1>
See
https://www.thehindu.com/news/national/ec-panel-issues-notice-over-ad-on-modi-biopic/article26613097.ece
<https://www.google.com/url?q=https%3A%2F%2Fwww.thehindu.com%2Fnews%2Fnational%2Fec-panel-issues-notice-over-ad-on-modi-biopic%2Farticle26613097.ece&sa=D&sntz=1&usg=AFQjCNE6-9tcgB3RSYQ3on7dmFjFDGZQcQ>
and
https://thewire.in/politics/pm-narendra-modi-biopic-election-commission-2
<https://www.google.com/url?q=https%3A%2F%2Fthewire.in%2Fpolitics%2Fpm-narendra-modi-biopic-election-commission-2&sa=D&sntz=1&usg=AFQjCNHhKdjBeCp1KO-L53uDSo9d5mvGLQ>
----------------------------------------------
*Dr. V. Suresh*,
National General Secretary, PUCL - People's Union for Civil Liberties,
332, Patparganj, Opp. Anandlok Apartments,
Mayur Vihar - I, Delhi 110091, India.
Ph.: +91-11-22750014; (Fax): +91-11-42151459.
Personal: +91-9444231497.
--
Peace Is Doable
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