BJP Memorandums to ECI on May 15, 2019

15-05-2019
Press Release

 

May 15th 2019                                                                BJP/ECC/2019/123

 

The Chief Election Commissioner of India & His Companion

Election Commissioners

Election Commission of India

Nirvachan Sadan, Ashoka Road

New Delhi – 110001

 

Subject: (WEST BENGAL) : Attack on the Permitted Roadshow of our National President Sh. Amit Shah Ji on 14.5.19 in Kolkata

 

Sirs, 

 

In a shocking incident that highlights the near non existence of democratic space in the State of West Bengal, a peaceful road show led by our Party National President Sh. Amit Shah for which prior permission had been sought was attacked yesterday evening, bombs hurled and vehicles put on fire by the TMC goons.

 

Our delegation led by Smt. Nirmala Sitharaman, Sh. Mukhtar Abbas Naqvi, Sh. Jitender Singh, Sh. Arun Singh, Sh. Anil Baluni, Sh. GVL Narsimha Rao, Sh. Om Pathak and Sh. Neeraj met with you last evening at 8:45 PM to raise our party’s concerns about the emergency like situation in West Bengal.

 

This virulent behavior of the TMC cadres emanates from the TMC Chairperson’s shocking and provocative call for “revenge” (“inch by inch badla”) remark as well as such similar intimidation to voters. A false allegation is also being attributed to the BJP in relation to the vandalisation of the bust of Ishwar Chandra Vidyasagar at Vidyasagar College yesterday. It is impossible that the vandalism of the bust would be carried out by BJP karyakartas since the bust was inside a room and access to which was solely with the college authorities and students.

 

 

In light of these we demand that:

  1. A Special Representative from the Election Commission be sent as was done in the case of Bihar in 2005.
  2. Smt. Mamata Banerjee be banned from campaigning  with immediate effect until the end of the polls;
  3. All history sheeters and known criminals of the constituencies be rounded up and sent out of the constituencies forthwith and may continue to be exerned / detained until the conclusion of the elections
  4. The EC must ensure effective deployment of Central forces to that attempts of booth capturing and rigging by TMC goons is prevented;
  5. Central forces must carry out flag marches prior to the day of polling to reassure voters and instill confidence to come out and cast their votes;   
  6. The QRT (Quick Response Teams) must be so activated and advertised so as to any common citizen or voter may be able to call for help and relief.

 

 

Yours Sincerely

 

 

(Arun Singh)

General Secretary

(MOST URGENT)

 

May 15th 2019                                                                              BJP/ECC/2019/124

 

The Chief Election Commissioner of India & His Companion

Election Commissioners

Election Commission of India

Nirvachan Sadan, Ashoka Road

New Delhi – 110001

 

Subject: (WEST BENGAL): Ref.: Email dated 15.05.2019 at 1:57 AM to register FIR (P.S. Amherst Street, Kolkata Police)

 

Sirs, 

You are well aware of the undemocratic incidents that occurred during the permitted road show of our National President Sh. Amit Shah in Kolkata yesterday. Our workers’ lives were put in grave danger. The road show procession was attacked by TMC goons in a pre-planned manner. Despite permission having been granted beforehand yet the road show came under attack. The incidents are widely available in the national and local media. Photos and videos of BJP workers being attacked have been viral on social media since yesterday evening.       

Despite our complaint sent via email on 15.5.19 at 1:57 AM addressed to the Officer in Charge Amherst Street Police Station, no FIR has been registered yet.  The entire contents of our complaint submitted via email is annexed hereto and marked as Annexure 1.

The law enforcement agencies’ inaction and the local police’s refusal to register FIR is in brazen breach of the Constitution Bench judgment of the Hon’ble Supreme Court of India in Lalita Kumari v. Govt. of U.P W.P.(Crl) No. 68/2008 (Judgment dated 12.11.2013) wherein the Hon’ble Supreme Court of India has held that “registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation”. There is thus no ground under which the Kolkata Police has not registered the FIR. This is a clear indicator that the Kolkata Police is acting solely as per directions of the Chief Minister Smt. Mamata Banerjee and the TMC leadership.

We request the Election Commission to take immediate cognizance and order registration of the FIR. A Special Investigation Team (SIT) must also be constituted to conduct enquiry and take action against the offenders in accordance with law. 

We request you intervention and action at the earliest.

 

Yours Sincerely

 

NEERAJ

Member, Election Commission Committee

 

Enclosed:       Copy of the email sent by Sh. Pratap Banerjee General Secretary West Bengal Unit on 15.5.19 at 1:57 AM addressed to Officer in Charge Amherst Street Police Station

 

Copy to:

  1. The Special Observer for General Election, 2019, West Bengal
  2. The Police Observer for General Election, 2019, West Bengal
  3. The Chief Election Officer, West Bengal
  4. The Commissioner of Police, Kolkata

 BJP/ECC/2019/122                                                                                         14th May 2019

 

The Chief Election Commissioner & Election Commissioners,

Election Commission of India,

Nirvachan Sadan, Ashoka Road

New Delhi – 110001

Subject: WEST BENGAL – Worsening Law & Order; Widespread Violence & Partisan attitude of Electoral Officials.

Sirs,

This is in continuation to several of earlier representations against the escalating and uncontrolled polls related violence in West Bengal. Despite the presence of CAPF in good numbers, the violence in the general areas continues and the BJP workers, office bearers and candidates continue to be physically attacked and harmed by the TMC goonda and anti-social elements.

  1. As a case in point, Shri Arvind Menon, BJP’s co-incharge of WB elections was laid seize to near the Nagarpalika office in BARASAT, in the evening of 13th May. The TMC goondas were baying for his blood. Every single senior official present in Bengal including the state Special Police Observer, the CEO, PC Police Observer had to be requested to move force to rescue him to safety. Had the Special Police Observer not responded, the situation could have been disastrous. And this was not the first time and there have been numerous cases even more severe in nature; covered live by the electronic and print media. While all this was going on, the local police was pretending as if all is well and were furnishing incorrect information to the senior officers.
  2. The BJP candidate from Ghatal, Ms. Bharti Ghosh was assaulted outside the polling station and had to be rescued by the CAPF. Several other assaults resulting in injuries and deaths of BJP workers are matters serious enough for the Commission to take note of.
  3. The CM and Chief of TMC, Ms. Mamata Banerjee is getting more strident and caustic in her call to the TMC rank and file to take revenge and Bengal seems to be turning into a battle ground. The CM is pitting people against people and thus destroying the very basis of a democratic polity and shredding the very foundation of the Indian Constitution. No political party is an enemy, at best we are rivals during elections and collaborators thereafter.
  4. Ms. Mamata Banerjee on Sunday i.e. 12.5.19 while speaking at a rally in Basanti (Jaynagar Lok Sabha Constituency) remarked that she will take revenge inch by inch once the elections are over. Her remarks were “একদিন আসবে যারা এই কাজ গুলো করছে প্রত্যেক তা ইঞ্চিতে ইঞ্চিতে  বদলা নেবো বলে যাচ্ছি।  প্রত্যেকতা বদলা যাবো।  খুনের বদলে খুন দিয়ে নয়।  যা দেখিয়েছেন তাই দেখবেন আয়নাতে।  মনে রাখবেন ইঞ্চিতে ইঞ্চিতে বদলা নেবো।  অনেক অপমান বাংলাকে আপনারা করেছেন।  আমাকে অনেক অপমান করেছেন অনেক অসম্মান করেছেন আমাকে government চালাতে দেন না কে আপনি।  law  and order এ আপনি interfere করেন।  রাজ্য পুলিশ গুলো পুলিশ নয় শুধু ওদের পুলিশ গুলো পুলিশ”

When translated means ‘a day will come when I will take inch by inch revenge for this work. Remember, I will take revenge for everything. Blood’s revenge won’t be blood. What you’ve displayed you see it in the mirror. Remember, I will take revenge inch by inch. You have disrespected Bengal. You have insulted me, disrespected me. Who are you to run not let me run my government that you interfere in law and order. Isn’t the state police, police? only their police is police?”

The video is available online at https://www.youtube.com/watch?v=yvbruMTfP-E annexed hereto and marked Annexure 1.

  1. Not to be left behind in the hate speech competition, Sh. Derek O’Brien tweeted yesterday at 3:48 PM calling our Party’s National President a “low life” and “Puke worthy”. His exact words were;

“That puke- worthy Shah had the audacity to use the term ‘Kangal Bangla’ today at a rally. The people of Bengal will give him and Modi a fitting reply in Phase 7. That #LowLife insults Bengal“

The tweet is annexed hereto and marked Annexure 2.

Partisanship:

  1. The Commission is well aware of the pattern of conduct of the state officials on election duty. Necessary permissions were not granted by the ROs for Prime Minister’s public meetings/rallies until the Election Commission stepped in, on the basis of our representation, and ordered that due and legal permissions are granted. The RO Bankura, on enquiry by the commission, was found guilty and the Commission had removed him. This is one of hundreds of cases, where the state employees and other officials on election duty have denied the BJP its due share of the level playing field.
  2. In a yet another brazen attempt at denying to BJP, its  democratic right, we were forced to cancel Sh. Amit Shah’s rally in Jadavpur Lok Sabha Constituency at “Atghara Maath” under Mouja Baruipur scheduled from 12.00 PM to 4.00 PM as BJP was not granted permission for the ground and helicopter landing (Suvidha Reference No. 236814) in time despite completing all other formalities including submission of NOC from the land owner.
  3. We had initially applied for permission for holding the said rally at two other venues, one namely at Harinavi Dvas School Ground and the second namely at “Baruipur Hrash Maath” where the permission despite being granted was withdrawn at the last minute. Thereafter we were forced to shift the rally venue to “Atghara Maath” and there too our application was deliberately kept pending as mentioned above.
  4. These requests for permission were applied on the “Suvidha App” well in advance. The applications was deliberately kept pending. We were told by the BDO Sonarpur that decision on our rally’s permission will be taken only after the Chief Minister’s rally got over on 12th May 19.
  5. For a rally scheduled to start at 12.00 PM, the permission was given at 11.00 AM, barely an hour before the scheduled start. Further, the TMC was granted permission to hold a rally at the same venue at that time. As TMC cadre approached the venue our workers were attacked and many of them suffered grievous injuries.

NOC received from the land owner at Annexure 3.

Application for landing helicopter at Annexure 4.

Suvidha Application No. 236814 at Annexure 5.

  1. It is not just that BJP is being denied its due, even the other rights of the party to put up its banners, posters and other publicity material are being hijacked by the TMC with the active connivance of poll and other state officials. There is ample TV coverage showing how the local state officials together with the TMC workers are removing our publicity material. The video showing this is at Annexure 6

In doing so, the state government officials appointed to election duties, at the behest and prompting of the TMC Chief, Ms. Mamata Banerjee, denied to BJP its due and guaranteed constitutional and democratic right to campaign.

Given the fact that despite all measures that the Commission has taken, the situation on ground continues to worsen, the Commission may have to take drastic measures to stop this madness of bloodshed on the streets.

While the commission may appraise the ground situation, we request that;

  1. Known offenders and local goondas must be rounded up by the police and detained or put under surveillance till the conclusion of poll. A list of such anti-social elements has already been provided to the commission.
  2. The Police Observers appointed by the Election Commission may please be instructed to personally ensure the proper deployment and functioning of CAPF in accordance with the “Planning and Execution Manual” issued by the Ministry of Home Affairs.
  3. Senior Officers of the CAPF; CRPF or CISF of any other force, may be asked to personally supervise the deployment of their forces and ensure that act strictly in accordance with the guidelines issued by the MHA.
  4. They may also be instructed to personally ensure that the deployed forces are acting in accordance of aforesaid standard procedures and are in no way being exposed and are vulnerable to any other influences.
  5. We understand that there are around 100 QRTs [Quick Response Teams], headed by officers of the rank of company commander. As things are, the common man or political workers in need of help are not even aware of this. We suggest that the information regarding availability of QRTs be spread across the constituencies going to polls and a call centre with one single four-digit number be advertised by the commission, so as their help can be sought when needed.
  6. Given the series of infractions, violations, willful transgressions and breaches of the electoral laws, the state government be severally warned by the Election Commission.
  7. Officers engaged in the election duties be strongly advised and warned to act impartially and be also assured of protection, should their actions, though legally correct are not subservient to the wishes of the ruling party, TMC.

The above measures if undertaken it could well help all of us accomplish fair elections in the 7th phase.

Thanking you,

 

Yours Sincerely

 

 

 

 

Nirmala Sitharaman                                  Arun Singh                           Om Pathak

 

 

 

 

 

Neeraj

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