The Delhi High Court on Monday rejected a petition, which sought registration of a first information report (FIR) against Prime Minister Narendra Modi for allegedly delivering communal speeches during the campaigning of the Lok Sabha elections 2024.
Terming the plea as ‘misconceived’ and ‘without merit,’ the single-judge Bench of Justice Sachin Datta observed that the Election Commission of India was seized of the matter and it cannot be presumed that ECI would not do anything.
The Apex Court said that it cannot decide on behalf of the ECI as to against whom the poll body should issue notice.
This Court cannot micromanage the ECI. The poll body was in the middle of dealing with it.
Appearing for the petitioners, Advocate Nizam Pasha submitted that the ECI has taken action against other leaders such as BRS leader K Chandrasekhar Rao, however, it did not even issue notice to the Prime Minister.
Why was this individual (Modi) being treated differently from others, he asked, noting that the (ECI) notice was issued to a political party. It did not even mention the speech.
The counsel further submitted that notices were issued against other individuals and action was also taken immediately. Against this person, no action has been taken. Why advisory for this person and action against others? The rule of law has to be equal for all,” he added.
Representing the ECI, Advocate Suruchi Suri argued that the Bharatiya Janata Party had approached the Election Commission for the extension of time to reply to its notice and the response was expected by May 15.
Suri said the action would be taken as per law if needed. She added that it should be left to the ECI as to whether they wanted to take action against the party or the star campaigner.
Noting that any presupposition was misconceived and that the ECI would take an independent view in the case, Justice Datta dismissed the petition.