New Delhi, India: The Delhi High Court has directed the Election Commission of India (ECI) to take “action in accordance with the law” against Congress MP Rahul Gandhi for referring to Prime Minister Narendra Modi, Home Minister Amit Shah, and businessman Gautam Adani as “pickpockets” during a campaign speech. The court, while acknowledging that the remarks were “not in good taste,” granted the ECI eight weeks to initiate the action.
“Though the statements are not in good taste, yet as the ECI is acting in the matter the court will not like to keep the matter pending. The same is disposed of,” the court order stated.
This directive comes after the ECI issued a show-cause notice to Gandhi on November 23rd for his derogatory remarks aimed at PM Modi and Adani. The notice requested Gandhi’s response by November 26th, which he allegedly failed to provide. However, the court did not specify the nature of the action the ECI should take against Gandhi.
Background of the ECI Notice:
In November, the Election Commission issued a show-cause notice to Rahul Gandhi over his ‘panauti and pickpocket’ remarks directed at PM Modi. The notice, issued on November 23, called for Gandhi’s response before November 26. The BJP criticized the use of such language by a “very senior leader.”
The notice reminded Gandhi, according to the Model Code of Conduct, that leaders were prohibited from making unverified allegations against political rivals. The BJP’s complaint to the Election Commission argued that Gandhi’s claim of the government granting waivers of ₹14,00,000 crore to industrialists lacked factual basis.
The Election Commission’s notice pointed out that the expression “panauti” seemingly violated section 123 of the Representation of the People Act, dealing with corrupt practices. Clause 2, sub-section (ii) of section 123 states that inducing a candidate or an elector to believe that divine displeasure or spiritual censure would be incurred constitutes interference with the free exercise of electoral rights.
Invoking the Supreme Court’s observation that the right to reputation is an integral part of the right to life protected by Article 21, the notice concluded by requesting Gandhi’s explanation and a response by 6:00 pm on November 25. It warned that if no reply was received by then, the commission would take necessary action.
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