The Hindu : New Delhi News : EC displeasure over Modi, Sonia speeches

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Sunday, Dec 23, 2007
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EC displeasure over Modi, Sonia speeches

J. Venkatesan

Modi advised to be more cautious in future

EC: both violated model code
Modi’s justification as reaction to propaganda cannot be accepted

New Delhi: The Election Commission on Saturday expressed its displeasure over the speeches of Gujarat Chief Minister Narendra Modi and Congress president Sonia Gandhi, holding that they had violated the model code of conduct during the poll campaign in the State.

In separate orders, the Full Commission comprising Chief Election Commissioner N. Gopalaswami and Commissioners Navin Chawla and S.Y. Quraishi, in a unanimous decision, communicated its displeasure to Mr. Modi for his remarks over the encounter killing of Sohrabuddin Sheikh and to Ms. Gandhi for her maut ke saudagar (merchants of death) speech.

To Mr. Modi, the order said: “The Commission cannot help expressing its deep anguish over the fact that sagacious advice and high expectations of the Supreme Court [in the case of Gadakh Yashwantrao Kankarrao] seem to have been belied in the instant case. It can hardly be gainsaid that some of the impugned utterances in your speech under reference had the effect of aggravating the existing differences to create mutual hatred or cause tension between different castes and communities and amounted to an appeal to caste or communal feelings. The amount of controversy and national debate which those utterances created all over the country and which even attracted the attention of the Apex Court of the country bear ample testimony to the above fact of aggravating the existing differences between the main communities inhabiting the State of Gujarat.”

Rejecting Mr. Modi’s contention that his speech was a reaction to the remarks of Ms. Gandhi, the Commission said: “The justification … for the utterances as reaction/counterblast to certain propaganda, as alleged by you, to have been carried out against you can also hardly be accepted.”

The order said: “The Commission, after careful consideration of all aspects, has come to the conclusion that in the instant case, the model code of conduct has been violated. The Commission, therefore, has conveyed its displeasure and advised you to be more cautious in future so that the salutary provisions of model code of conduct are adhered to and duly observed in letter and spirit.”

In the case of Ms. Gandhi, the order said: “The sagacious advice and high expectations of the Supreme Court do not seem to have been given due respect in the instant case. Some of the impugned utterances in your speech under reference amount to an attack on the personal character or conduct of the political/administrative functionaries running the present Government of Gujarat.”

The order said: “The Commission, after careful consideration of all aspects, has thus come to the conclusion that in the instant case, the model code of conduct has been violated. The Commission, therefore, conveys its displeasure and expects that in future the salutary provisions of model code of conduct will be adhered to and duly observed in its letter and spirit.”

In both the orders, the Commission pointed out that the code “clearly lays down, inter alia, that political party and candidates shall not indulge in slander against each other and any criticism based on unverified allegation or distortion shall be avoided and that parties and candidates shall not indulge in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic.

“The model code of conduct is intended to maintain and uphold democratic traditions of ‘issue based’ election campaign. It is, therefore, expected from all the stakeholders to adhere to the provisions of the model code of conduct so that free, fair and peaceful elections are conducted by the Commission as is expected of it, to ensure the vibrant working of the democracy in India.”

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