The Delhi High Court Thursday asked the Election Commission of India (ECI) to take a decision expeditiously, preferably in eight weeks, on its notice sent to Congress leader Rahul Gandhi with respect to a speech given last month during which he allegedly called PM Narendra Modi a “pickpocket”.
The HC was hearing a PIL, moved by one Bharat Nagar, seeking action against Gandhi for making “sensational speeches” allegedly against Prime Minister Modi, and for framing of guidelines providing an effective mechanism for redressal of matters concerning “false and vilifying speeches” made during elections “for influencing the outcome”, till a law or policy is brought in place.
The counsel appearing for ECI said that a notice was issued to Gandhi on November 23 which states that if reply is not received “by 1800 hours on November 25”, the poll panel shall take action as deemed fit.
A division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna, thereafter, said, “Considering that the deadline for filing reply is over and no reply has been received, the court directs ECI to decide the matter as expeditiously as possible, preferably within eight weeks. Though the statements are not in good taste, yet, since the ECI is examining the matter, accordingly the petition is disposed of”.
While noting that the ECI is already seized of the matter, the bench orally said, “In an election, people give results. Ultimately lets have faith in the people’s wisdom. They are hearing everything; they are deciding, giving a view in the matter…ECI is saying they will take action. Lets see what action they will take.The Union of India is not stopped. They don’t need us, they can prepare guidelines if they want.”
When urged that guidelines be issued by the court, the HC said, “Does Parliament tell us to decide matters in a particular manner? We are all sovereign bodies.”
Senior advocates Adish C Aggarwala and Kirti Uppal, appearing for Nagar, said that some guidelines needed to be framed so that there is “no recurrence” of such incidents.
“These are things which should be stopped. The country’s image is something different,” Uppal submitted. Aggarwala added that in another matter, Gandhi had been told by the Supreme Court to be “cautious in future”.
In the alternative, the plea sought that Gandhi places on record the proof before court against the PM to prove the truth in his statements and other claims made in the speech. The plea also sought examination of the genuinity of Gandhi’s statements and registration of case against him for offences under IPC and Representation of People’s Act. It has also asked the Chief Election Commissioner to take strict action against Gandhi over his speeches.
Meanwhile, Additional Solicitor General Chetan Sharma, appearing for the Union of India, said that the larger issue at hand is that the level of discourse is maintained and that it does not “plummet”.
First published on: 21-12-2023 at 16:50 IST
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