Delhi High Court asks Election Commission to act on spam calls promoting AAP for elections

Ahead of Delhi Assembly elections, the Delhi High Court on Wednesday urged the Election Commission of India (ECI) to take appropriate action on complaints about incessant spam telephone calls carrying messages as part of political campaign of Aam Aadmi Party (AAP) [Dhrone Diwan & Ors. V/S Election Commission Of India & Ors.].The petition before the Court claimed that the spam calls state that “freebies” in Delhi would be halted if any party other than AAP is voted to power.“This message if heard by any prudent person who has rationale and logical intelligence quotient would be able to understand the biasness, hatred, reign of terror and bad opinion which are being spread by the AAM AADMI PARTY, respondent herein,” as stated in the petition. .The bench of Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela directed ECI to take appropriate action based on the enquiry report by Chief Electoral Officer of Delhi regarding the calls.“We dispose of the petition, taking note of the actions proposed to be taken by ECI on this matter. We direct that based on the enquiry report to be submitted by CEO, appropriate action will be warranted under law that will be taken by the ECI, or any other authority. Appropriate action is warranted under law,” the Court stated. .The Court observed that it is the duty of ECI to regulate elections and stop such messages which have the tendency of vitiating the environment. The Court further stated that the ECI should ensure that political parties do not use any vitiating material during the election campaign.The Court directed that the ECI handbook on media and advertisement shall be followed..The petition was filed seeking directions to the Election Commission of India, Chief Electoral Officer Delhi, Telecom Regulatory Authority Of India and Aam Aadmi Party.The petition sought directions to ECI to stop the calls and take strict action against AAP for spreading such messages and violating the Model Code of Conduct.Further, the petitioner sought directions to AAP to stop dissemination of vilifying material in public domain, creating negative influence upon voters..The petitioner stated that the spam calls are motivated with the intent to disseminate hatred, biasness, malicious and vilifying material in the public domain.“It is creating fear in the mind of people that if you do not vote for them, you would not get freebies,” the petitioner said in Court highlighting that the calls affect free and fair elections..Advocate Sidhant Kumar, appearing for ECI, stated that the ECI is seized of the matter and has already directed the Chief Electoral Officer of Delhi to look into the matter and report to ECI.The ECI told the Court that there is a handbook that lays down guidelines regarding advertisement of political parties and how the electoral officers are required to handle the same.