Delhi High Court asks ECI to act against Rahul Gandhi for calling PM Modi, Amit Shah, Adani "pickpockets" but refuses to order FIR

The Delhi High Court on Thursday asked the Election Commission of India (ECI) to take appropriate action within eight weeks against Congress leader Rahul Gandhi for calling Prime Minister Narendra Modi, Home Minister Amit Shah and businessman Gautam Adani "pickpockets" during a public speech. .A lawyer named Bharat Nagar had approached the High Court in the matter and sought action against Gandhi for various public comments, including when he called PM Modi ‘panauti’ (a person who brings ill omen)..Acting Chief Justice Manmohan and Justice Mini Pushkarna was told today that the ECI had issued notice to Gandhi in the matter, but had received no reply. The Court observed that Gandhi's comments were in poor taste, and asked the ECI to take appropriate action in accordance with the law within eight weeks. .The Court, however, refused to order the registration of any criminal case against Gandhi or order the framing of strict guidelines for election speeches as sought for by the petitioner. "These speeches and statement may be in poor taste but this sort of action will have to be taken by the aggrieved parties (PM Modi, Amit Shah and Gautam Adani) ... In an election, people give the result. We can never interfere with all this ... Please understand. We cannot direct Parliament. We are a sovereign body, they are a sovereign body. Parliament does not direct us to decide an issue in a particular way," the Court said. .With these observations, the Court disposed of the petition. .In his plea, Bharat Nagar referred to Gandhi’s speech in Nadbai, Rajasthan on November 22 in which the Congress leader had alleged that the Prime Minister diverts people's attention while businessman Gautam Adani picks people's pockets.This is how pickpockets operate, Gandhi had commented.“Narendra Modi's work is to divert your attention; he comes from front, in the TV, from front. He diverts your attention, tells you to see "Hindu Muslim, demonetization, GST, hang me", and divert your attention. From the back Adani comes and picks your pocket. Amit Shah watches from the other side, to see that nobody should get to know, if anybody comes, I will beat up with a baton. So, this is it, the Indian government is running like this,” an English translation of Gandhi’s speech annexed with advocate Nagar's petition read. .Senior Advocates Adish Aggarwala and Kirti Uppal appeared for the petitioner today and said that directions were being sought for the framing of stricter laws and guidelines against such speeches.Aggarwala said that the Election Commission merely issued notice to Rahul Gandhi for his speech. He further argued that the Commission lacked the power to take strict action against Gandhi. Uppal added that the statement concerned the institution of the Prime Minster.When the matter was taken up earlier today, Additional Solicitor General Chetan Sharma appeared for the Central government and submitted that the ECI should come up with instructions on the matter. After obtaining instructions, the ECI told the Court a notice was issued to Rahul Gandhi for his speech and that even though he was asked to reply by November 25, no reply has been received..In the petition, Bharat Nagar registered objection to various other comments made by Rahul Gandhi as well in public speeches, which included allegations against Adani and the Bharatiya Janata Party (BJP) leadership.The petitioner recounted that the Supreme Court had already cautioned Gandhi to be more careful with his statements after a contempt petition was filed by BJP leader Meenakshi Lekhi against the Congress leader for saying "Chowkidar Chor Hai." Referring to Gandhi's more recent statements, the petitioner added, "The allegations made by Rahul Gandhi are without their being any proofs available in public domain and Rahul Gandhi should be asked to prove that Narendra Modi, Amit Shah and Gautam Adani are 'Jeb Katra-Pick Pocket.'"Serious allegations are being made by Gandhi which may have a serious impact on voters, the petitioner further argued. As such, he questioned whether it was sufficient for the Election Commission to simply issue a show cause notice to Gandhi over such statements by Gandhi. Therefore, the petitioner had called on the Court to direct the Central government and the ECI to frame effective guidelines, laws, bye-laws or codes to restrain the making of such derogatory and sensational public statements, "failing which the world's largest democracy will suffer a long way."Moreover, the petitioner also called for the Chief Election Commissioner to take strict action against Gandhi over his speeches or to direct Gandhi to give proof to back up his allegations.