Distressed at Way EC has Prima Facie Abandoned its Mandate Under Article 324: EAS Sarma

New Delhi: Amid a string of hate speeches by ruling BJP star campaigners, including by Prime Minister Narendra Modi, during the ongoing election campaign, the role played by the Election Commission, rather ‘no role’ played, has come under cloud.

The EC, the custodian of democracy, with the mandate to ensure free-fair elections has been found wanting on several occasions, despite complaints being lodged against hate speeches or violation of the model code of conduct, mainly targeting the Muslim community.

Expressing “distress and disappointment” at the “inexplicable silence and inaction” of the EC, a former top bureaucrat, EAS Sarma, who was once secretary to the Union government, has written to the three Election Commissioners, warning them that this could permanently damage the social fabric of the country.

Appealing to the ECs to “kindly act even at this stage, though belated,” Sarma, while providing links to many such speeches  y BJP star campaigners, including Home Minister Amit Shah, “inaction or delay in action on one hate speech by a responsible star campaigner like the Home Minister or the Prime Minister would encourage others to do likewise.”

Read the full text of the letter below:

 To
Shri Rajiv Kumar
Chief Election Commissioner

Shri Gyanesh Kumar

Election Commissioner

Dr Sukhbir Singh Sandhu 

Election Commissioner

Dear Dr Sukhbir Singh Sandhu, S/Shri Gyanesh Kumar/ Rajiv Kumar,

Please refer to my letter of 9th May, 2024 seeking your intervention on a hate speech reported to have been made by UP CM, Shri Adityanath (https://countercurrents.org/2024/05/yogi-adityanadhs-latest-reported-statement-violates-the-model-code-of-conduct/)

The Commission’s inexplicable silence and inaction on such statements have encouraged BJP’s star campaigners to make such hate speeches again and again, causing irreparable damage to the fabric of our democracy and social harmony.

To corroborate my statement above, I refer to yet another similar statement made by the Union Home Minister, Shri Amit Shah in Telangana on the 9th of this month, saying that the voters casting their votes against his party would encourage “jihad” (https://indianexpress.com/elections/lok-sabha-elections-2024-amit-shah-frames-poll-as-vikas-vs-jihad-rahul-gandhi-says-its-slipping-from-pms-hands-9319222/)

The above cited report said,

“Shah, speaking at a public meeting in Telangana’s Bhongir Lok Sabha constituency, said, “2024 ka jo chunav hai, yeh ‘Rahul Gandhi versus Narendra Modi’ ka chunav hai. Yeh chunav ‘vote for jihad’ ke against ‘vote for vikas’ ka chunav hai. (The 2024 election is a Rahul Gandhi versus Narendra Modi election. It is an election that pits ‘vote for jihad’ against ‘vote for vikas’).”

The Commission should know that its inaction or delay in action on one hate speech by a responsible star campaigner like the Home Minister or the Prime Minister would encourage others to do likewise. Such hate speeches amount to outright violation of the Model Code of Conduct (MCC). Those making such statements should be deemed to have committed a “corrupt practice” under Sections 123/125 of the Representation of People Act, apart from a criminal offence under the relevant provisions of the IPC and Bharatiya Nyay Samhita. By its inaction, the Commission would be prima facie abetting those offences.

I feel distressed and disappointed at the way the Commission has prima facie abandoned its mandate under Article 324.

Kindly act even at this stage, though belated. The Commission should remember that its action or inaction should not leave permanent fissures in the society.

Yours sincerely,

E A S Sarma

Former Secretary to the Government of India

Visakhapatnam