To
Shri Rajiv Kumar
Chief Election Commissioner
Shri Gyanesh Kumar
Election Commissioner
Dr Sukhbir Singh Sandhu
Election Commissioner
Dear Dr Sukhbir Singh Sandhu, S/Shri Gyanesh Kumar/ Rajiv Kumar,
Please refer to my letter of 15th May 2024 (https://countercurrents.org/2024/05/an-appeal-from-an-anguished-citizen-to-the-conscience-of-each-of-the-election-commissioners-to-discharge-their-responsibilities-under-article-324/) appealing to you to act against the hate speeches of star campaigners of political parties including Prime Minister Modi.
The manner in which the Commission has summarily dealt with the subject, as evident from news report (https://www.hindustantimes.com/india-news/eci-reprimands-bjp-congress-says-defence-on-poll-campaign-utterances-not-tenable-101716370598755.html) raises more questions than answers.
Though the Commission found that the star campaigners’ statements were on communal lines, likely to damage the society beyond elections, perhaps afraid to displease the highest of the political executive, stopped short of directing the concerned authorities to initiate proceedings under Representation of People Act (“corrupt practice”) and the IPC (and Bharatiya Nyaya Samhita) against them. Does it not amount to the Commission abandoning its mandate under Article 324 and its obligation to ensure that electioneering conforms strictly to the rule of law?
I am afraid that the way the Commission has dealt with the hate speeches of Prime Minister Modi and others also betrays its double standards in dealing with those that prima facie commit serious offences that hurt social harmony in the long run and those that have committed offences, serious enough but not affecting societal cohesion.
The Commission has ordered the police in several States to file FIRs and take up criminal investigation into offences reported to have been committed by representatives of political parties and others. By way of an example. I refer to a news report (https://timesofindia.indiatimes.com/city/vijayawada/mla-charged-with-damaging-evm-in-andhra-pradesh/articleshow/110346164.cms)
which stated that “the Election Commission said EVMs were vandalised in seven polling centres in Macharla constituency on polling day and has asked state DGP Harish Kumar Gupta to initiate strict action against the offenders”
While what the Commission has thus done in AP is quite appropriate, does the Commission consider a divisive hate speech delivered by a very senior public functionary that has the effect of disturbing societal harmony less serious compared to someone vandalising EVMs etc.?
Once again, please introspect on the way you are conducting elections and whether the imprint you are leaving on elections, democracy and the society would be one that your conscience permits and one that the public at large accepts?
Yours sincerely
E A S Sarma
Former Secretary to the Government of India
Visakhapatnam
