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Pulled up by Supreme Court, EC bars UP CM Adityanath, BSP chief Mayawati from campaigning

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Pulled up by Supreme Court, EC bars UP CM Adityanath, BSP chief Mayawati from campaigning

The Election Commission (EC) today (Monday, April 15) barred Uttar Pradesh (UP) Chief Minister (CM) Yogi Adityanath and BSP chief Mayawati from election campaigning for 72 hours and 48 hours, respectively, starting from 6 am tomorrow for violating Model Code of Conduct (MCC) by making objectionable, communal statements in their speeches.

The EC action came after it was pulled up by the Supreme Court today for failing to take action in cases of MCC violation.

The Supreme Court told the panel that it could not drag its feet and had to act promptly against poll code violations. The court had given the poll panel time till tomorrow to report on the action taken against the two prominent politicians for their controversial speeches.

The commission, which has been criticised by political parties across the spectrum for either turning a blind eye to poll code violations or being too slow, issued the gag orders soon after. 

EC action

In separate orders, the Election Commission also “condemned” the two speeches and “censured” the politicians.

In a speech at a rally in Saharanpur’s Deoband on April 7, Mayawati had appealed to Muslims to vote for the alliance and not divide their vote by supporting another political party.

Two days later, according to the Election Commission, Yogi Adityanath told a rally in Meerut about Mayawati’s speech and said: “If the Congress, SP and BSP have faith in ‘Ali’, we have faith in ‘Bajrang Bali’, the followers of Bajrang Bali will not tolerate them.”

“The Commission, under Article 324 of the Constitution of India and all other powers enabling in this behalf, bars him from holding any public meetings, public processions, public rallies, road shows and interviews, public utterances (electronic, print, social media) etc in connection with ongoing elections for 72 hours from 6 am on 16 April 2019,” the panel said.

This is the first time in the 2019 election campaign that the election commission has invoked its powers under the Constitution. It had taken such action in 2014 Lok Sabha elections when BJP’s Amit Shah and Samajwadi Party’s Azam Khan were barred from campaigning for the remaining duration of the election after they failed to stick to the model code of conduct.

Yogi Adityanath’s gag order is for a longer duration because this is his second code violation. The Election Commission noted that it had already advised the chief minister to be more careful about his public statements on 5 April after his controversial speech that allegedly politicised the army action.

The commission also observed that Yogi Adityanath, as chief minister of Uttar Pradesh, had the added responsibility to not only uphold basic tenets including secularism but also to display the same in his public statements and meetings.

Supreme Court on EC while hearing NRI’s plea

Earlier in the day, the Supreme Court, which was hearing a PIL seeking action against political parties using use religion and caste to seek votes, had been extremely upset when the Election Commission representative said, “We don’t have any powers. We can’t bar them from contesting. We can derecognise them”.

The PIL was filed by an NRI Yoga teacher Harpreet Mansukhani, based in Sharjah in the United Arab Emirates (UAE), highlighting the increase in hate and divisive speeches in the name of religion in the Lok Sabha elections of 2019 and calling for strict action against political leaders and party representatives spreading hatred on religious and caste lines through the media, especially social media platforms.

During the hearing, Chief Justice of India Ranjan Gogoi even threatened to have the Chief Election Commissioner (CEC) in the courtroom within the next half hour if the court did not get clear answers to its questions on the poll body’s powers under the law against candidates who spew vitriol.

The court found that in the 2019 Lok Sabha elections, the ECI had issued notices for hate speeches and campaigning for votes on the basis of religion in only three cases, including Uttar Pradesh Chief Minister Yogi Adityanath and Bahujan Samaj Party (BSP) supremo Mayawati.

The EC, represented by advocate Amit Sharma, said Adityanath had been issued an advisory.

Mayawati, the EC said, had asked for votes in the name of religion.

“So what about Mayawati? She was supposed to reply to you [the EC] by April 12… Today is April 15. She has not replied. What does the law permit you to do in such cases? Answer us… What will you do now? What are you empowered to do?” Chief Justice Gogoi asked the EC.

“We will issue an advisory… We may file a complaint,” Sharma replied.

Sharma tried to reason, saying, “There is a procedure… We have to give them time to reply.”

“So you are basically saying you [the EC] are toothless and powerless against hate speeches. The most you can do is send a notice to the offending candidate. If the candidate replies, send him or her an advisory. Despite this, if there is violation of Model Code of Conduct, you may then file a criminal complaint… That is all? Those are your powers under the law?” Chief Justice Gogoi asked Sharma.

Sharma concurred that was “no other power” with the EC. “We [the EC] cannot de-recognise or disqualify the person. This is the only power,” he submitted.

Hearing this, the court decided to examine in detail the issue of the EC’s powers to deal with hate and defamatory election speeches, and violations of the MCC. It ordered an EC official to be personally present in the court on April 16.

Sharma tried to explain that the EC had “standing instructions” to act against hate speeches and the violation of the MCC.

“What do you mean by ‘standing instructions’? You are duty-bound… In certain matters like this, time is limited. You have to act promptly. Whether the outcome is good or bad, you have to get into it immediately,” Chief Justice Gogoi addressed the counsel.

The petition will be heard again tomorrow (Tuesday) when the court has summoned a representative of the EC, agreeing to examine the poll panel’s contention that it has limited legal powers to deal with hate speeches of politicians during electioneering.

NRI Mansukhani’s plea

The petition had urged the court to direct the constitution of a committee headed by a former apex court judge to closely watch the election process and check the fairness of the ECI.

The petition said the communalism of Indian politics, and caste-based parties, were a “great threat to the spirit of the Constitution”.

Also Read: Supreme Court asks Rahul Gandhi to explain his comment on Rafale deal verdict

Mansukhani, represented by senior advocate Sanjay Hegde and advocate Arup Banerjee, said, “India is beginning to look like Turkey under Erdogan or Russia under Putin, which are turning towards a populist majoritarian leader and right-wing politics for their salvation.”

“The essential component of a constitutional democracy is its ability to give and secure for its citizenry a representative form of government, elected freely and fairly, and comprising of a polity whose members are men and women of high integrity and morality,” the petition said.

Referring to communal and caste-based election speeches and remarks of political leaders, Mansukhani had said the plea was filed to “maintain secular environment in the forthcoming Lok Sabha Election, 2019.”

“The ‘undesirable development’ of appeals to religion, race, caste, community or language of politicians would hamper the objective of fundamental rights provided under the Constitution of India, this would affect the public at large,” the plea had said.

The plea had also sought a direction to the poll panel to take strict actions against media houses which hold debates on caste or religious lines.

“Our Constitution ensures a Socialist, Secular State and equality, fraternity among its citizens. Our country has a democratic set-up which is by the people, for the people and of the people.

“A new trend of giving tickets to those who spread communal hatred and do caste or religion based politics has grown very rapidly on media and social media platform more than that the situation appears to be more alarming when we find such persons being elected for the State Assembly or Parliament…,” the plea had said.

India News

Delhi LG VK Saxena directs probe into remarks against Kangana Ranaut by Congress leader Supriya Shrinate

The Delhi Police will investigate who was behind the said social media post and whose mobile phone was used for the purpose.

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Delhi lieutenant governor Vinai Kumar Saxena today sought a detailed probe from Delhi Police commissioner Sanjay Arora in relation with the alleged defamatory social media post made by Congress’s Supriya Shrinate against actor-turned-politician Kangana Ranaut.

Reportedly, BJP candidate from New Delhi Bansuri Swaraj had given a complaint to the LG seeking probe and registration of an FIR against Shrinate for outraging the modesty of a woman. Subsequently, the Delhi LG has forwarded the complaint to the Delhi Police Commissioner, directing a scientific investigation in the matter and initiation of legal action, if necessary.

Reports said that the Delhi Police will also investigate who was behind the said social media post and whose mobile phone was used for the purpose. A major controversy erupted on Monday after an objectionable post from Supriya Shrinate’s social media handle against Kangana Ranaut, who has been announced as the BJP candidate from Himachal Pradesh’s Mandi.

Responding to the remarks, Kangana Ranaut said that they must free the daughters from the shackles of prejudices and must rise above the curiosity about their body parts. She added that people must refrain from using sex workers’ challenging lives or circumstances as some kind of abuse or slur. She concluded that every woman deserves her dignity. As the controversy intensified, the Congress leader asserted that someone else had posted the objectionable content from her handle. 

Meanwhile, the Election Commission on Wednesday issued a show cause notice to Congress leader Supriya Shrinate for her derogatory remarks against Kangana Ranaut. The Election Commission observed that the remarks are undignified and in a bad taste. The election body asked the Congress leader to respond to the commission by Friday. In the notice, the Election Commission stated that the statements made by the leader is prima facie violative of the Model Code of Conduct (MCC) being in force ahead of the Lok Sabha elections. 

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Bollywood actor Govinda joins Maharashtra Chief Minister Eknath Shinde’s Shiv Sena

Govinda on his official induction in the party by CM Eknath Shinde said he is joining Shiv Sena and it is a blessing from God. He said he thought he would not enter politics again. Govinda said Mumbai looks cleaner and better now.

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Bollywood actor Govinda joined Maharashtra chief minister Eknath Shinde’s Shiv Sena on Thursday ahead of the upcoming Lok Sabha elections in Maharashtra. In 2004 Govinda contested from Mumbai North Lok Sabha on a Congress ticket and earned the nickname of a giant slayer as he defeated BJP’s Ram Naik. He resigned from the party and said that he had decided to take a break from politics.

Govinda on his official induction in the party by CM Eknath Shinde said he is joining Shiv Sena and it is a blessing from God. He said he thought he would not enter politics again. Govinda said Mumbai looks cleaner and better now. He said his parents had a good relationship with Shiv Sena founder Balasaheb Thackeray.

Shiv Sena leader Krishna Hedge met the Bollywood actor at his residence in Juhu. Maharashtra CM Eknath Shinde said the actor’s joining the Shiv Sena does not come with a rider. Govinda said whatever work is assigned to him, he will do it to the best of the ability. He said he was a part of the 14th Lok Sabha and has returned to politics after 14 years.

Speaking about his role in politics, the actor said he would transform the film city of Mumbai. He did not reply when he was asked about contesting elections. Govinda said everybody has seen the same level of progress in Maharashtra in the last 2 years, as it has been seen in the country in the last 10 years. He said he is going to focus on the beautification of the state and work towards the growth of art and culture.

Rajya Sabha MP Milind Deora welcomed Govida into the party and said he has known the veteran Bollywood actor for almost 25 years. He recalled the 2004 election and said both of them had fought elections together.

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Delhi Court extends ED custody of CM Arvind Kejriwal till April 1

CM Kejriwal made a submission in front of the court, where he said that in the 31,000 page document prepared by the ED, there is no concrete proof or allegations against him on the basis of which he has been arrested.

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The Delhi Rouse Avenue Court on Thursday has extended the Enforcement Directorate (ED) remand of Chief Minister Arvind Kejriwal till April 1. The Chief Minister will remain in custody till Monday, after which he will be presented in front of the court bench for further proceedings in the case.

The court has passed its order for the extension of the remand in the money laundering case related to the Delhi excise policy, being investigated by the ED for the last two years. Arvind Kejriwal is the fourth Aam Aadmi Party (AAP) leader to be arrested in this case. Previously, Satyendar Jain, Manish Sisodia and Sanjay Singh were arrested in the same case. 

During the hearing today, the ED argued that Arvind Kejriwal needs to be brought face to face with some of the accused in the excise policy case. The ED further said that the data in one of the mobile phones, belonging to Arvind Kejriwal’s wife Sunita, was extracted and is being analyzed.

Nonetheless, data from the other 4 digital devices seized during search at Arvind Kejriwal’s premises on March 21 are yet to be extracted as the arrestee has sought time to provide password/login credentials after consulting with his lawyers.

In its fresh remand plea, the investigation agency said that during Arvind Kejriwal’s custodial interrogation, his statements were recorded on five days and that he was giving evasive replies. It further said the statements of three other persons have also been recorded during the remand.

CM Kejriwal made a submission in front of the court on Thursday, where he said that in the 31,000 page document prepared by the ED, there is no concrete proof or allegations against him on the basis of which he has been arrested.

Meanwhile, Arvind Kejriwal’s wife Sunita Kejriwal said on March 28 that the AAP national convener is not keeping well and is being harassed a lot while in ED custody over the past week. She asserted that the Chief Minister is being harassed a lot and his sugar levels are fluctuating.

CM Arvind Kejriwal was arrested by the ED on March 21 and was sent to 7-days of custody. His arrest has triggered protests in the national capital and the nearby northern state of Punjab, which is also governed by AAP, over the last few days.

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