Supreme Court dismisses plea for action against BJP, PM Modi for hate speech during Lok Sabha election campaign

The Supreme Court on Tuesday dismissed a petition seeking directions to the Election Commission of India (ECI) for action against the alleged hate speeches delivered by Bharatiya Janata Party (BJP) leaders, including Prime Minister Narendra Modi, during the ongoing Lok Sabha elections [Dr. Emani Anantha Satyanarayana Sarma & Anr v. Election Commission of India]..A Bench of Justices Vikram Nath and Satish Chandra Sharma said that the Court was not inclined to issue any directions in this regard to the ECI."We are not inclined to interfere. We cannot issue such directions under article 32. Dismissed," Justice Nath said as soon as the matter was mentioned for hearing. .Senior Advocate Sanjay Hegde, representing the petitioners, earlier submitted that ECI was not doing its job properly. However, the Court at the outset made it clear that it was not inclined to interfere in the matter.Hegde responded that the Court may then at least clarify that only “at this stage” it was not entertaining the plea.“Sometimes when imprimatur of this court goes then it prevents worse things from happening.... we can approach then,” the senior counsel said.However, the Court refused to add the suggested line to the order. “Worse things will again happen when the next election comes up. Dismissed,” it said. .The petition filed last week particularly referred to the speeches delivered by PM Modi and Union Minister Anurag Singh Thakur, as well as the content posted by the BJP on its social media handles."Despite constituting a serious breach of the Model Code of Conduct, the Indian Penal Code, 1860, and the Representation of People Act, 1951, and significantly contributing to the deterioration of communal harmony within the nation, the Election Commission of India has failed to undertake decisive action, notwithstanding repeated efforts to notify and prompt the statutory body of its obligatory responsibilities," the plea alleged..The plea cited following specific instances of alleged hate speech,1. Prime Minister Narendra Modi on April 21, 2024, and the Union Minister of Information and Broadcasting, and Youth Affairs and Sports Anurag Singh Thakur on April 27, 2024, have used hate speech demonising and stereotyping the Muslim community which was relayed by different mediums across the country.2. On April 30, 2024, the Bharatiya Janata Party posted an animated video on its official Instagram account which repeated the hate speech used by the Prime Minister Narendra Modi on April 21 and the same was reposted by its members.3. A similar video was uploaded on May 6, 2024, on X, formerly Twitter, by Shri Arvind Dharmapuri, sitting Member of Parliament belonging to Bharatiya Janata Party, Nizamabad, Telangana..The petition alleged that the ECI had been proactive in taking action against the opposition parties.The ECI issued directives to the Aam Aadmi Party mandating alterations to their campaign anthem, "citing perceived insinuations against the Bharatiya Janata Party and the judiciary," the plea stated."Additionally, Shri K. Chandrasekhar Rao, the Founder of Bharat Rashtra Samithi, was barred from campaigning due to alleged derogatory remarks made against the Indian National Congress. Notably, these interventions were initiated suo motu by the Election Commission. It is respectfully contended that the Model Code of Conduct delineates distinct provisions and standards of adherence applicable to the incumbent government, with a markedly higher threshold of compliance.".It was also argued that the ECI had "completely failed" in its duty to conduct free and fair elections as per the mandate of the Constitution by permitting repeated violations of not just the Model Code of Conduct, but other laws as well..The petition was filed through Advocate Anas Tanwir. Senior Advocate Sanjay Hegde appeared for the petitioners.