Delhi High Court rejects plea for FIR against PM Narendra Modi for alleged hate speech

The Delhi High Court on Monday rejected a petition seeking registration of a first information report (FIR) against Prime Minister Narendra Modi for alleged communal speeches during the Lok Sabha elections campaign..Justice Sachin Datta said that the plea was "misconceived" and "without merit".The Court said that the Election Commission of India (ECI) is seized of the mater and it cannot be presumed that the poll body will not do anything. "We cannot decide as to whom the ECI should issued notice... We can't presume that they won't do anything. They can't register an FIR first and then seek response," the Court remarked. Justice Datta also said that the Court cannot micromanage the ECI. "We can't micromanage the ECI. They are in the middle of dealing with it. They are saying they will receive a reply... We can't presume that they will not do anything," the Court said. .The plea by three individuals referred to the Prime Minister's speech at Banswara in Rajasthan on April 21 where he said that Congress party will take the wealth of people and distribute it to those who have "more children" and to "infiltrators".The petition also cited Modi's speech at Sagar in Madhya Pradesh on April 24 where he alleged that the Congress party had given reservation based on religion.The petitioner said that despite a large number of complaints by several citizens, the ECI failed in taking any effective action.The plea further said that even though the ECI had issued notice to several leaders like K Chandrasekhar Rao, Atishi, Dilip Ghosh and others, no such action has been taken against PM Modi and even the notice issued with regard to his speech was to BJP President.The petition also referred to speeches by BJP President JP Nadda and Union Minister Anurag Thakur and sought action against all the leaders who have made communal speeches..Advocate Nizam Pasha appeared for the petitioners today and submitted that ECI has taken action against other leaders like Bharat Rashtra Samithi leader K Chandrasekhar Rao but did not even issue notice to Modi. "Why is this individual [Modi] being treated differently from others? Their [ECI] notice is to the political party (BJP and not Modi). It doesn't even mention the speech," he said.He further said that when it comes to other political parties, there is immediate action but when it comes to Modi, the ECI keeps quiet. "Against others, notices are issued to the individuals... Against others, action is taken immediately. Against this person [Modi], no action. Why advisory for this person and action against others? The rule of law has to be equal for all," he added. .Advocate Suruchi Suri appeared for the ECI and argued that BJP had approached the Election Commission for extension of time to reply to its notice and the response is expected by May 15. Suri said that the action will be taken as per law if needed. She further added that it should be left to the ECI as to whether they want to issue notice to the party or the star campaigner. .The Court considered the case and held that any presupposition is misconceived and the ECI will taken an independent view. Justice Datta ultimately concluded that the plea was misconceived and without merits and dismissed the same. .During the previous hearing of the case on May 10, Justice Datta had remarked that the Court cannot micromanage the ECI which is a constitutional body. "Who is to decide that there has been violation of the model code of conduct? ECI is a constitutional body, we cannot micromanage it," the single-judge had remarked then.