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Supreme Court to hear Congress plea over EC’s inaction on Modi, Shah’s speeches

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Supreme Court to hear Congress plea over EC’s inaction on Modi, Shah’s speeches

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The Supreme Court today (Monday, April 29) agreed to urgently hear a Congress petition about the Election Commission of India (ECI) not taking action on continued hate speeches and misuse of the armed forces as political propaganda by Prime Minister Narendra Modi and BJP president Amit Shah.

In one of the most direct attacks against the EC, the 146-page petition said there was one set of rules for Modi and Shah, and another for the rest of the candidates.

The Congress sought directions to the poll body to decide on such complaints within 24 hours.

A Supreme Court bench headed by Chief Justice of India Ranjan Gogoi said it will hear the Congress’s plea on Tuesday.

Congress MP Sushmita Dev said the Election Commission had not acted on the party’s complaints against PM Modi and Amit Shah for three weeks. The Congress petition said the EC’s continued silence on complaints about hate speeches and misuse of the armed forces as political propaganda by Prime Minister Narendra Modi and BJP president Amit Shah amounted to a “tacit endorsement” of their conduct.

The Congress said that 40 representations on violation of the Model Code of Conduct (MCC) were moved in the ECI so far, but no action had been coming from the poll body, which should be devoted to the concept of free and fair elections in a democracy. The delay in action, the Congress said, was a deliberate action itself.

Dev said Modi and Shah used “hate speech” at rallies to polarise voters and referred to the operations by the armed forces in their political propaganda despite a ban on such speeches.

The Congress said PM Modi violated the model code with a speech at a rally in Gujarat on April 23, after he cast his vote and held a roadshow-type event.

The Congress alleged Amit Shah violated the election code by politicising the armed forces in election speeches.

The EC had last month categorically told political parties to desist from referring to actions taken by the military in their poll campaigns in the wake of the Pulwama terror attack and the Balakot air strikes earlier this year.

The Congress has alleged that despite such clear instructions, Modi and Shah repeatedly cited military operations undertaken by the armed forces under the BJP rule at election rallies.

The petition said that since March 10, when the general election was notified, Modi and Shah had “specifically in sensitive areas and States, ex-facie violated the provisions of the Representation of the People Act and the Election Rules and the process.”

It stated, “It is in public domain that they have indulged in hate speeches, repeatedly used the armed forces for political propaganda, despite a clear prohibition on the same by the ECI.”

PM Modi claimed at a campaign rally in Gujarat’s Surendranagar district on April 17 that his government had called Pakistan’s bluff after the Pulwama terror attack, which resulted in the death of 40 CRPF personnel on the Jammu-Srinagar highway on February 14. “Earlier terrorists from Pakistan would carry out attacks in our country and go back unscathed, threatening to launch their nuclear bombs if we retaliate. But we have the nuclear bomb of nuclear bombs. I told them to do what they want (but we will retaliate),” said Modi.

The Congress petition narrated how “the Prime Minister in blatant violation of the MCC held a rally on the day of polling in Gujarat on April 23, 2019 i.e. date of voting for the third phase of the election.”

The petition detailed the various reported utterances of the Prime Minister that allegedly violated the MCC, from portraying Congress president Rahul Gandhi’s choice of Wayanad as “a seat where the minority is majority” to the calling for votes in the names of the CRPF soldiers killed in a terrorist attack in Pulwama, Kashmir.

Amit Shah claimed at a public meeting in Bihar’s Sitamarhi on Sunday that the Modi government had secured the country’s borders and made national security its main priority. “India is only the third country after Israel and United States to have retaliated to terrorism in this brave manner,” he said.

The Congress in its petition said, “Inaction on the part of the ECI is a sign of invidious discrimination and is arbitrary, capricious and impermissible… certain selected very powerful individuals have been permitted to gain an unfair electoral advantage by their material infractions of the RP Act, Election Rules and the MCC.”

Such brazen violations were neither minor nor procedural, in any manner, it added.

Recounting how leaders like Mayawati were banned from campaigning for 72 hours for violating the MCC, the petition said that the lack of action against the Prime Minister and the BJP president despite cogent evidences, representations and exhortations to the ECI “demonstrates abdication and indecision and a complete absence of justice, in ensuring a level playing field in ensuing General Elections for the Lok Sabha.”

It said, “The inactions, omissions and commissions by the Respondent/ECI are in complete and direct violation of Articles 14 and 21 of the Constitution and which are impeding free, fair and unbiased General Elections, 2019.”[/vc_column_text][/vc_column][/vc_row]

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Delhi Assembly elections: BJP promises free education and student aid, AAP raises concerns

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Arvind Kejriwal addressing media after writing to RSS chief Mohan Bhagwat on BJP’s alleged electoral misconduct

As Delhi gears up for the upcoming assembly elections on February 5, the Bharatiya Janata Party (BJP) released the second installment of its election manifesto, promising comprehensive solutions to citizen issues and tackling misgovernance and corruption allegations against the incumbent Aam Aadmi Party (AAP).

The manifesto, dubbed ‘sankalp patra,’ includes significant pledges such as free education from pre-school to postgraduate levels for needy students at government institutions, and a financial package comprising Rs 15,000 and travel reimbursements for young individuals taking entrance exams. Scheduled Caste students enrolled in technical and professional courses are also promised a monthly stipend of Rs 1,000.

Building on their first manifesto which targeted women voters, the BJP’s latest promises focus on the youth, with over 1.5 lakh set to benefit from a new skills training program. This release follows criticisms by AAP of the BJP’s approach, especially after the tragic incident last July where three civil service aspirants lost their lives due to flooding.

Anurag Thakur, former Union Minister, emphasized the ‘Modi ki guarantee’ assurance, stating these initiatives would be implemented swiftly if the BJP is elected. The manifesto also includes welfare measures for domestic workers and insurance schemes for auto-rickshaw and taxi drivers, who have traditionally been a strong support base for AAP.

In response, AAP leader Arvind Kejriwal critiqued the BJP’s plans, particularly highlighting a clause that, according to him, would limit free education to only “eligible” children, deviating from AAP’s policy of universal free education. Kejriwal also recalled BJP’s earlier statement on discontinuing free healthcare, framing these promises as a threat to the financial stability of Delhi’s households.

The AAP’s counter-campaign warns voters that electing BJP could lead to increased living costs and bureaucratic hurdles in accessing education and healthcare, urging the electorate to consider these factors carefully. With the election results due on February 8, both parties continue to vie for public favor through promises aimed at key demographics.

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Uttarakhand State cabinet approves uniform civil code manual, dates for rollout soon

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Pushkar Singh Dhami

In a significant step toward legal reform, the Uttarakhand Cabinet, led by Chief Minister Pushkar Singh Dhami, has approved the manual for the implementation of the Uniform Civil Code (UCC). The approval came during a Cabinet meeting held at the state secretariat on Monday. The dates for the rollout of the UCC will be announced soon.

This decision follows partial amendments made to the rules previously drafted for the UCC’s implementation. The amendments were thoroughly examined and finalised with input from the Law Department, with the Cabinet’s discussion focusing on the smooth execution of the law.

Post-meeting, Chief Minister Dhami expressed his satisfaction with the progress, underlining the government’s commitment to fulfilling a key electoral promise. “We had assured the people of Uttarakhand during the 2022 elections that the UCC would be implemented promptly once our government came to power. With the draft committee’s work complete, we are now closer to fulfilling that promise,” Dhami stated.

Uttarakhand’s implementation of the UCC will make it the first state in India to adopt a comprehensive civil law framework for all religious communities. The UCC aims to standardize laws in areas such as marriage, divorce, inheritance, adoption, and maintenance. While India already has a Uniform Criminal Code, a unified civil law has not existed until now.

The UCC will explicitly exclude tribal communities and prohibit practices such as ‘halala’, ‘iddat’, and ‘talaq’, which are part of Muslim Personal Law. The law itself consists of 392 sections and is divided into seven schedules. The comprehensive 750-page draft, which spans four volumes, was prepared by a five-member expert committee formed in June 2022 to examine the feasibility of introducing the UCC in Uttarakhand.

Led by Retired Justice Ranjana Prakash Desai, the committee submitted the final draft to the state government on February 2, 2024. The draft received approval from the state Cabinet on February 4, followed by ratification by the state Assembly during a special session. Governor Lt. Gen Gurmit Singh (Retd) gave the green light on February 28, marking the UCC’s passage into law, a move hailed as a historic milestone in Indian legal history.

While the implementation dates are yet to be finalized, the Cabinet’s approval signals that Uttarakhand is poised to set a significant legal precedent in India.

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Supreme Court grants interim relief to Rahul Gandhi in defamation case over remarks against Amit Shah

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Rahul Gandhi talking to a family of a patient outside AIIMS during a cold night.

In a significant legal development, the Supreme Court of India has granted interim relief to Congress leader Rahul Gandhi by staying the defamation proceedings against him in a Jharkhand court. The case, which dates back to 2018, revolves around allegedly derogatory remarks made by Gandhi about Union Minister Amit Shah, who was then serving as the president of the Bharatiya Janata Party (BJP).

A bench comprising Justices Vikram Nath and Sandeep Mehta passed the order while hearing a petition filed by Gandhi seeking to quash the defamation case. The court has issued notices to both the Jharkhand government and Naveen Jha, a BJP worker who had filed the complaint, directing them to submit their responses within four weeks.

In his arguments, Senior Advocate Dr. Abhishek Manu Singhvi, representing Rahul Gandhi, pointed out previous rulings where it was made clear that only the aggrieved party can file a criminal defamation complaint. Singhvi argued that the complaint, in this case, had been filed by a proxy third party and thus should not be entertained.

The defamation case against Gandhi had been under trial in the MP/MLA court in Chaibasa, Jharkhand. In February of the previous year, the lower court had issued a non-bailable warrant for his appearance after he failed to attend hearings. Despite Gandhi’s request for exemption from physical appearance, the court had refused to provide relief, prompting him to approach the Jharkhand High Court. However, the high court had declined to interfere in the matter, leaving Gandhi with no option but to challenge the case in the Supreme Court.

The top court’s intervention has now provided a temporary reprieve to Gandhi, with the matter scheduled to be taken up for further hearing in six weeks. This development marks an important chapter in the ongoing legal battle involving the Congress leader and the BJP.

As the case progresses, the outcome could have significant implications not only for Rahul Gandhi but also for the broader political landscape in the country, as defamation lawsuits continue to be a contentious issue in Indian politics.

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