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Plea in Supreme Court seeks ECI action against PM Modi, Anurag Thakur for hate speeches

A writ petition has been lodged in the Supreme Court seeking directions to the Election Commission of India (ECI) to take appropriate action against hate speeches being delivered by political campaigners, particularly those on behalf of the BJP for the 2024 Lok Sabha Elections.

The plea sought directions to the ECI to initiate an investigation into the hate speeches allegedly given by Prime Minister Narendra Modi and Union Minister Anurag Thakur. The plea has been lodged by ex-IAS Officer EAS Sarma and a former IIM Dean Trilochan Sastry. 

The plea pointed out the speeches given by Prime Minister Narendra Modi on April 21, 2024, and the Union Minister of Information and Broadcasting, and Youth Affairs and Sports Anurag Singh Thakur on April 27, 2024. Notably, the speeches were then repeatedly posted on different social media platforms such as Instagram and Twitter by the official handle of BJP and sitting MP Arvind Dharmpuri.

The plea mentioned that the Prime Minister and the Union Minister have used hate speech demonising and stereotyping the Muslim community which was relayed by different mediums across the country. It further submitted that the ECI has turned a blind eye to the nature of speeches delivered which constitutes a serious breach of the Model Code of Conduct, the Indian Penal Code (IPC), 1860, and the Representation of People Act, 1951. It added that the petitioners are aggrieved by the failure of the ECI to take any decisive action.

The plea asserted that the Election Commission of India has failed to undertake decisive action, notwithstanding repeated efforts to notify and prompt the statutory body of its obligatory responsibilities. It submitted that the ECI had earlier taken suo motu action against members of other political parties who were violating the Model Code of Conduct such as the Aam Adami Party (AAP), Bharat Rashtra Samithi (BRS) etc.

The plea pointed out that the ECI issued directives to the AAP mandating alterations to their campaign anthem, mentioning perceived insinuations against the BJP and the judiciary. In addition, K. Chandrasekhar Rao, the founder of BRS, was barred from campaigning due to alleged derogatory remarks made against the Congress. It added that these interventions were initiated suo motu by the ECI. The plea stated that the Model Code of Conduct delineates distinct provisions and standards of adherence applicable to the incumbent government, with a markedly higher threshold of compliance.

Through the plea, the petitioner urged the top court to issue a writ in the nature of Mandamus and/ or any other writ/ order or direction to the ECI to take appropriate action against the violation of the Model Code of Conduct by the BJP and its representatives. It also asked to issue a writ in the nature of Mandamus and/or any other writ/order or direction to the ECI to exercise its power under Article 324 and initiate an investigation into the hate speech. 

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