By TwoCircles.net staff reporter
New Delhi: Narendra Modi finds himself in more trouble. The Election Commission of India had taken notice of the speech that Mr. Modi made regarding Sohrabuddin who was killed in a fake encounter.
On a complaint filed by Ms. Teesta Setalvad of Citizens for Justice and Peace, Election Commission today issued a notice to Mr. Modi asking him to submit his reply to the complaint by Saturday December 8th.
The notice refers to two clause of the Model Code of Conduct which prohibits political parties and candidates in indulging in hate speech and creating tension between communities on based on caste, religion or language. Appeal to caste or communal feelings for votes is also prohibited.
The Commission in its notice takes strong view of Mr. Modi’s speech. “The Commission, prima facie, is of the view that the references to Late Shri Sohrabuddin and linking his name to terrorism, made in the speech, amounts to indulging in activity which may aggravate existing differences, creating mutual hatred and causing tension between difference communities, and would involve violation of the provision of clause (1) and (3) of Item I of the model Code of Conduct…”
Mr. Modi has till Saturday December 8th, 11AM to reply to this notice.
Notice by Citizens for Justice and Peace filed on December 5th is below:
To,
Shri N. Gopalaswami,
The Chief Election Commissioner,
New Delhi
Dear Sir,
The present chief minister, Gujarat, Shri Narendra Modi has reportedly used a blatantly communal angle in his speech at Mangrol in South Gujarat on December 4, 2007, saying that “Sonia Gandhi spoke of terrorism. But she has no right to talk of this… the Congress in Gujarat is raising its voice on the Sohrabuddin issue. But it should explain what should be done to a man who stored illegal arms?? You tell me what should be done?” and the crowds reportedly shouted back, “kill him kill him”.
Sir, we believe that this is an open exhortation to violence, an illegal act by a person seeking re-election to a powerful and responsible position in the state. It also amounts to an Unconstitutional and Unhealthy attitude in a leading politician in a polity. We also believe that this amounts to blatant misuse of religion for political ends and is violative of the Election Code of Conduct since indirectly Shri Modi is only referring to Sohrabuuddin’ a Muslim was killed and not of the manner in which his wife, Kauserbi, an innocent was killed as also was Tulsiram Prajapati, and Mahendra Kadhav, Ganesh Kunthe (in other incidents of encounters) . In any case, an illegal act by agents of the
state (Modi and his chosen policemen) is illegal regardless of who the victim is and which community he/she hails from. To equate and justify a criminal act with a particular community is nothing short of introducing communal politics in the electoral arena and fomenting hatred against a section of our people.
Sir the Election Code of Conduct, Rule 1 (2) and 1 (3) in General Conduct clearly mentions this.
Thirdly, the crude stance of Shri Modi is contrary to what the state of Gujarat has stated on affidavit admitting the illegality of the killing of Sohrabuddin (the rape and) killing of his wife, Kauserbi and the similar illegal encounter killing of Tulsiram –all by policemen commandeered to do so!! in the Hon’ble Supreme Court indicating that Shri Modi is resorting to both desperate and unhealthy measures to garner votes. It also means that either the state of Gujarat is misleading the apex court, and committing perjury, or the chief minister is so far veering from the truth to make cheap electoral forays!!
Fourthly, of the officially admitted 21 encounters in Gujarat between 2003 and 2007, in which 5 Hindus were also killed it is emerging that grossly unlawful and unconstitutional means have been used. Therefore, can the CM of a state justify illegal murder lawlessness and extrajudicial killings?? Does his speech not just violate the rule of law enshrined in the Indian constitute but criminal law and the election code of conduct ?
We urge that action should be demanded and taken against him for fomenting hatred and violence against a particular community…. We urge action by the Election Commission in this regard.
Sir, Gujarat has had a legacy of sever communal strife and polarization since 2002 when one of the worst ever post Partition genocidal carnages took place. Even today victims live like refugees in their own land. There have been no attempts by the state to re locate them with dignity. Today’s blatantly crude, desperate and communally surcharged speech of Shri Modi is an attempt to bring Gujarat back to the dark abyss of violence and polarisation yet again. It is also an attempt to win an election by foul means if not fair!! As the Constitutional body in charge of the state we urge the Election Commission to step in sharply and clearly in this regard.
In anticipation,
Yours Sincerely
Teesta Setalvad
Secretary