The Supreme Court on Tuesday refused to entertain a petition seeking to disqualify Prime Minister Narendra Modi from elections for allegedly making hate speeches and invoking religion during campaigns.
The Bench of Justice Vikram Nath and Justice Satish Chandra Sharma dismissed the plea as withdrawn after the petitioner chose to withdraw the petition.
The petitioner’s counsel said that the plea has annexed the speeches made by respondent No. 2 (PM Modi), where he had clearly sought votes in the name of God.
The Bench pointed out that the petitioner moved the Apex Court directly without approaching the Election Commission of India (ECI) first.
It directed the petitioner not to come directly to this Court under Article 32/226 like this and approach the authority. The petitioner then agreed to withdraw the petition but sought liberty to approach the ECI.
The Bench asked the petitioner why it wanted the liberty to approach the ECI?
The Apex Court further dismissed another petition, which sought directions to the ECI to act against PM Modi and Union Minister Anurag Thakur for alleged hate speeches.
The present petition was filed by one Fatima against the ECI and the Prime Minister, alleging that on April 21, 2024, Modi addressed a public rally at Banswara, Rajasthan, and made statements aimed at creating enmity between groups.
The petitioner claimed that the same was a serious violation of the Model Code of Conduct, Representation of the Peoples Act, and the Indian Penal Code.
The Respondent No. 2, referring to mangalsutra, was clearly referring to the Hindu community. The Respondent No. 2 referred to Ghuspaithiye meaning intruder and jinke jyada bachche hain, meaning he was clearly speaking in reference to the Muslim community.
The petitioner was submitting the details of the speech of Respondent No. 2 at Rajasthan’s Banswara on April 21, 2024, which was available in the Youtube Page of the Prime Minister.
The petitioner further claimed that PM Modi gave a similar speech in Uttar Pradesh, committed an offence under Section 153A of the Indian Penal Code and attracted disqualification under the Representation of the People Act, 1951.
It said the Prime Minister not only sought votes in the name of Hindu and Sikh Deities and their places of worship, but also made comments against opposite political parties as favoring Muslims.
This statement of the Respondent No. 2 creating hatred by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial language or regional groups or castes or communities.
The petitioner further submitted that the Prime Minister was on the run of making the same violative speech throughout India while travelling in the aircraft and helicopter of the Government of India.
The petitioner sought immediate action against the PM under the MCC.