14/05/2019 BJP/ECC/2019/119
The Chief Election Commissioner of India
Election Commission of India
Nirvachan Sadan, Ashoka Road,
Delhi - 110001
SUB: COMPLAINT AGAINST SHRI KAMAL HASSAN FOR HATE SPEECH IN COMPLETE VIOLATION OF MODEL CODE OF CONDUCT AND PROVISIONS OF REPRESENTATION OF PEOPLE ACT 1951
Sir
This is to bring to your kind notice the blatant violation of Model Code of Conduct and provisions of Representation of People Act. The undersigned has come across a statement by Shri Kamal Hassan made on 12th May 2019 at Aravakurichi, Tamilnadu where Shri Kamal Hassan can be heard saying:
I am not saying this because this is a Muslim Dominated area. I am telling this in front of Gandhi statue. Independent India's first terrorist is a Hindu. His name is Naturam Godse. It started from there. I am morally Gandhi's great grandson. I am here to ask Justice for that murder. I will thump my heart and say that I am a good Indian and any good Indian will want the country to be peaceful and equal for all.
The above statement is available on YouTube at https://www.youtube.com/watch?v=eLky5EWtY8M (00:53 – 01:39).
A CD containing the video of Shri Kamal Hassan is annexed and marked as ANNEXURE-A
It is submitted that the last phase of polling in India is yet to take place and by means of technology, the condemnable statement of Shri Kamal Hassan has reached every corner of the country. It is submitted that Shri Kamal Hassan has intentionally used the words “in a Muslim dominated area…. terrorist is a Hindu” with the sole motive to incite a feeling of hatred between two communities by claiming that the first terrorist in independent India was a Hindu.
It is further submitted that the trial of Nathuram Godse for killing Mahatma Gandhi clearly establishes that the heinous act, was at best, a cold blooded murder and Godse can, at best, be described as an assassin but his act cannot be attributed as an act of “Hindu Terror”. The statement by Shri Kamal Hassan is nothing but a part of systematic campaign to demonize the Hindu Community by creating this narrative that Hindus are terrorists. It is further submitted that Shri Kamal Hassan is in a hurry to prove that he follows the same line of appeasing minorities for the sake of his newly launched venture.
As the last phase of election is yet to conclude, the statement of Shri Kamal Hassan, visible all over India by means of technology, is a corrupt practice under Representation of People Act. Shri Kamal Hassan has indulged in hate speech, using religion for canvassing and is trying to incite people on the basis of religion. Such deliberate, intentional and malicious act of Shri Kamal Hassan violates the following provisions of The Representation of the People Act 1951:
Section 123: The following shall be deemed to be corrupt practices for the purposes of this Act:--
(3A) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.]
That the above statements are a gross violation of Instructions Sl. No. 85 ECI letter No. 437/6/INST/2015-CCS, dated 09.10.2015 where the commission said the following:
“The Commission would also like to invite the attention of all Political Parties, their leader and candidates to the observation of the Hon’ble Supreme Court of Gadakh Yashwantrao Kankarrao v ES Balasaheb Vikhe Patil (AIR 1994 SC 678) viz “ the duty of the top echelons of leadership at the state and national levels of all political parties is to set the trend for giving the needed information to the electorate by adopting desirable standards so that it percolates to the lower levels and provides a congenial atmosphere for a free and fair poll. A contrary trend of speeches by the top leaders tends to degenerate the election campaign as it descends to the lower levels and at time promotes even violence leading to criminalization of politics. The growth of this unhealthy trend is a cause for serious concern for the proper functioning of the democracy and it is the duty of the top leaders of all political parties to reverse this trend to enable movement of the functioning of democracy in the proper direction.”
Further the act & statement of Shri Kamal Hassanis also in violation of the Model Code of Conduct. The Manual of Model Code of Conduct (March 2019) for the Guidance of Political Parties and Candidates@pg 161 states:
(1) No party or candidate shall include in any activity which may aggravate existing differences or create mutual hatred or cause tension betweendifferent castes and communities, religious or linguistic.
(2) Criticism of other political parties, when made, shall be confined to their policies and programme, past record and work. Parties and Candidates shall refrain from criticism of all aspects of private life, not connected with the public activities of the leaders or workers of other parties. Criticism of other parties or their workers based on unverified allegations or distortion shall be avoided.
(3) There shall be no appeal to caste or communal feelings for securing votes. Mosques, Churches, Temples or other places of worship shall not be used as forum for election propaganda.
(4) All parties and candidates shall avoid scrupulously all activities which are “corrupt practices” and offences under the election law, such as bribing of voters, intimidation of voters, impersonation of voters, canvassing within 100 meters of polling stations, holding public meetings during the period of 48 hours ending with the hour fixed for the close of the poll, and the transport and conveyance of voters to and from polling station.
That in light of above provisions of law read with Article 324 of the Constitution, Shri Kamal Hassan should be censured from doing any campaign and/or canvassing in the elections for violating with impunity the The Representation of the People Act 1951 & Model Code of Conduct.
Regards
(Neeraj)
Member, Election Commission Committee
ANNEXURES:
- Annexure A : Video of Shri Kamal Hassan addressing the people (In CD)
14/05/2019 BJP/ECC/2019/120
The Chief Election Commissioner of India & Election Commissioners
Election Commission of India
Nirvachan Sadan, Ashoka Road,
Delhi - 110001
SUBJECT: COMPLAINT AGAINST MS. MAYAWATI FOR HATE SPEECH IN COMPLETE VIOLATION OF MODEL CODE OF CONDUCT AND PROVISIONS OF REPRESENTATION OF THE PEOPLE ACT 1951
Sir,
This is to bring to your kind notice, that as the polling to the elections are on the verge of conclusion, the opposition parties have crossed all the levels of decency and morality by their blatant and repetitive violation of Model Code of Conduct and provisions of Representation of People Act. The latest of those have come from Ms. Mayawati, President, Bahujan Samaj Party, in a press conference held on 13.05.2019 in Lucknow, Uttar Pradesh, wherein she said:
“...राजस्थानकेअलवरमेंहुईदलितमहिलाउत्पिरणकीघटनाकोलेकर, वैसेश्रीनरेंद्रमोदीचुपहीथे| लेकिनइसघटनापेमेरेबोलनेकेतुरंतबादसे,
अबयेइसकीआढ़मेंअपनीघिनौनीवघृणितराजनीतिकरनेसेभीबाजनहींआरहेहै, ताकिइसकाचुनावमेंइनकेपार्टीकोकुछराजनीतिकलाभमिलजायेजोअतिनिंद्नियेवअतिसर्वनाक भीहै| औरवैसेभीयेदूसरोकीबहु-बेटियोकीइज्ज़तकरनाक्याजानेजबयेअपनीराजनेतिकस्वार्थमेंआपनीखुदकीबेक़सूरपत्नीतककोभीछोड़चुकेहै|
औ रइतनाहीनहींबल्किमुझेतोयेभीमालूमहुआहैकीबीजेपीमेंख़ासकरविवाहितऔरतेअपने
आदमियोकोश्रीमोदीकेनज़दीकजातेदेखकरयेसोचकरभीकाफीज्यादाघबरातीरहतीहैकीकहीयेमोदीअपनीऔरतकीतरहहमेभी
अपनेपतिओसेअलगनकरवादे
The above mentioned press conference is available on YouTube url:https://www.youtube.com/watch?v=5--YSYhIiH0.
CD containing the video of Ms. Mayawati is annexed and marked as ANNEXURE-A
That Ms. Mayawati has made derogatory and malicious remarks on the personal life of the Hon’ble Prime Minister Sh. Narendra Modi, by commenting on hisprivate life, for no other reason butto settle her party’s political scores in the last phase of the elections, wherein Sh. Narendra Modi is also a candidate contesting from the Varanasi Parliamentary Constituency scheduled on 19.05.2019.
It is also submitted that General Conduct 1(2) expressly bars the criticism of opposition candidates’, shall be confined to their policies and the leaders shall refrain from criticism of all aspects of private life. It precisely reads as under:
“Criticism of other political parties, when made, shall be confined to their policies and programme, past record and work. Parties and Candidates shall refrain from criticism of all aspects of private life, not connected with the public activities of the leaders or workers of other parties. Criticism of other parties or their workers based on unverified allegations or distortion shall be avoided.”
Ms. Mayawati not only restricted herself to her remarks against Sh. Narendra Modi but also stated inflammatory, misleading and hateful remarks against the married women party workers. Ms. Mayawatibriefed the press stating that the married women party workers are perplexed seeing their husband coming closer to Sh. Narendra Modi which is absolutelyincorrect and based on unverified facts for seeking votes. It is a clear attempt to prejudicially affect polling in Varanasi scheduled on 19.05.2019 from where Mr. Narendra Modi is a candidate.
It is therefore respectfully prayed that in light of above provisions of law read with Article 324 of the Constitution, Ms. Mayawati should be strictly censured from doing any campaign and/or canvassing in the elections for violating with impunity the The Representation of the People Act 1951 & Model Code of Conduct.
Regards.
(Neeraj)
Member, Election Commission Committee
ANNEXURES:
- Video of Ms. Mayawati addressing the Press on 13.05.2019. (In CD)
14/05/2019 BJP/ECC/2019/121
The Chief Election Commissioner of India
Election Commission of India
Nirvachan Sadan, Ashoka Road,
Delhi - 110001
SUB: COMPLAINT AGAINST SHRI MANISHANKAR AIYAR FOR HATE SPEECH IN COMPLETE VIOLATION OF MODEL CODE OF CONDUCT AND PROVISIONS OF THE REPRESENTATION OF THE PEOPLE ACT 1951
Sir
This is to bring to your kind notice that Shri Manishankar Aiyar, senior leader of Indian National Congress and close associate cum mentor of Shri Rahul Gandhi (President, Indian National Congress) has indulged in hate speech in violation of The Representation of The People Act 1951 and Model Code of Conduct.
He has said the following in his article in The Print on 13th May 2019:
‘‘….these stunningly illiterate claims come from the mouth of none less than the Prime Minister of our country, whose acquaintance with higher education has gone no further than lying about degrees from Delhi and Gujarat universities that he never got and who can obviously not tell a scientific proposition from a ‘dhokla’.’’
‘‘…But why lie about one’s educational qualifications – or lack of them? Unless, of course, such lying is a compulsive psychological disorder.’’
Modi will, in any case, be ousted by the people of India on 23 May. That would be a fitting end to the most foul-mouthed prime minister this country has seen or is likely to see. Remember how I described him on 7 December 2017? Was I not prophetic?
(The article can be accessed at https://theprint.in/opinion/modis-ouster-on-23-may-will-be-indias-fitting-reply-to-the-most-foul-mouthed-pm/234964/)
The comments which Mr. Aiyar refers to being made by him against Mr. Narendra Modi (Prime Minister of India) on 7th December 2017 are as follows:
‘…Yeh aadmi bahut neech kism ka aadmi hain, isme koi sabhyata nahiin hain…’
(The video can be accessed at https://www.youtube.com/watch?reload=9&v=H_eELTCYNbU)
That such comment has no place in our democracy. It is submitted that the last phase of polling in India is yet to take place and by means to technology the condemnable statement of Shri Manishankar Aiyar has reached every corner of the country.
Further, the Hon’ble Prime Minister of India has raised the respect of the world towards Indians and India during his tenure. Such comments not only malign the image of the Prime Minister but also malign the image of each and every citizen of India and have a tendency to lower the image of our country & its leaders in the eyes of the world.
The hate speech by Shri Aiyar is a corrupt practice under The Representation of The People Act and he has indulged in using casteist comment for trying to incite people on the basis of caste. Such deliberate, intentional and malicious act of Shri Aiyar violates the following provisions of The Representation of the People Act 1951:
The following shall be deemed to be corrupt practices for the purposes of this Act:--
Section 123 - (3A) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.]
(4) The publication by a candidate or his agent or by any other person with the consent of a candidate or his election agent, of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate or in relation to the candidature, or withdrawal,9[***] of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election.
That the above statements are a gross violation of Instructions Sl. No. 85 ECI letter No. 437/6/INST/2015-CCS, dated 09.10.2015 where the commission said the following:
“The Commission would also like to invite the attention of all Political Parties, their leader and candidates to the observation of the Hon’ble Supreme Court of Gadakh Yashwantrao Kankarrao v ES Balasaheb Vikhe Patil (AIR 1994 SC 678) viz “ the duty of the top echelons of leadership at the state and national levels of all political parties is to set the trend for giving the needed information to the electorate by adopting desirable standards so that it percolates to the lower levels and provides a congenial atmosphere for a free and fair poll. A contrary trend of speeches by the top leaders tends to degenerate the election campaign as it descends to the lower levels and at time promotes even violence leading to criminalization of politics. The growth of this unhealthy trend is a cause for serious concern for the proper functioning of the democracy and it is the duty of the top leaders of all political parties to reverse this trend to enable movement of the functioning of democracy in the proper direction.”
Further the act & statement of Shri Aiyar is also in violation of the Model Code of Conduct. The Manual of Model Code of Conduct (March 2019) for the Guidance of Political Parties and Candidates @pg 161 states:
(1) No party or candidate shall include in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic.
(2) Criticism of other political parties, when made, shall be confined to their policies and programme, past record and work. Parties and Candidates shall refrain from criticism of all aspects of private life, not connected with the public activities of the leaders or workers of other parties. Criticism of other parties or their workers based on unverified allegations or distortion shall be avoided.
(3) There shall be no appeal to caste or communal feelings for securing votes. Mosques, Churches, Temples or other places of worship shall not be used as forum for election propaganda.
(4) All parties and candidates shall avoid scrupulously all activities which are “corrupt practices” and offences under the election law, such as bribing of voters, intimidation of voters, impersonation of voters, canvassing within 100 meters of polling stations, holding public meetings during the period of 48 hours ending with the hour fixed for the close of the poll, and the transport and conveyance of voters to and from polling station.
That in light of violation of above mentioned provisions of electoral law, using the powers of Election Commission under Article 324 of the Constitution, Shri Manishankar Aiyar should be condemned for vitiating the free, fair and peaceful conduct of elections and indulging in hate speech against the Hon’ble Prime Minister of India Shri Narendra Modi.
Regards
(Neeraj)
Member, Election Commission Committee
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