The Delhi High Court on Thursday directed the Election Commission of India (ECI) to take action against Congress leader Rahul Gandhi for his derogatory remarks against Prime Minister Narendra Modi, Home Minister Amit Shah and industrialist Gautam Adani, calling them ‘pickpockets’. The court said that the statements “were not in good taste” and violated the Model Code of Conduct (MCC) and various sections of the Indian Penal Code (IPC).
The court was hearing a petition filed by BJP leader and advocate Ashwini Kumar Upadhyay, who sought directions to the ECI to initiate appropriate action against Gandhi for his speech given on November 22 at Bayatu in Barmer district of Rajasthan, where he was campaigning for the upcoming assembly elections. Upadhyay alleged that Gandhi’s remarks were intended to incite hatred and contempt against the Prime Minister and his cabinet colleagues, and also defamed Adani, who is a leading businessman and investor in the country.
Gandhi had said, “The pickpocket never comes alone, there are three people. One comes from the front, one from the back, and one from the distance… Prime Minister Narendra Modi’s job is to divert your attention. He comes on TV from the front and distracts the public by raising topics of Hindu-Muslim, demonetisation, and GST. Meanwhile, a businessman comes from behind and takes the money.” He had also blamed Modi for India’s loss in the 2023 World Cup final against Australia, calling him a ‘panauti’ (bad omen).
The ECI had issued a show-cause notice to Gandhi on Thursday, asking him to explain why action should not be initiated against him for violating the MCC and relevant penal provisions. The ECI had given him time till Saturday to submit his reply. The ECI had also referred to its earlier advisory, in which it had expressed concerns over the plummeting level of political discourse and advised all parties and candidates to operate within the confines of MCC and decency in public discourse.
The court, while disposing of the petition, observed that Gandhi’s speech was “not in good taste” and “falls in the equity of the prohibition” under Section 123(4) of the Representation of the People Act, 1951, which deals with corrupt practices. The court also cited the Supreme Court’s judgments on the MCC and freedom of speech, and said that the ECI is the appropriate authority to deal with such matters. The court directed the ECI to “act” on the matter within eight weeks.
The BJP welcomed the court’s order and said that it was a “slap on the face” of Gandhi and his party, who have been indulging in “baseless and false” allegations against the Prime Minister and his government. The Congress, on the other hand, defended Gandhi and said that he was only speaking the truth and exposing the “corrupt and anti-people” policies of the Modi government. The Congress also accused the BJP of misusing the ECI and the courts to suppress the voice of the opposition.
