Delhi HC directs Election Commission to ‘act’ against Rahul Gandhi over ‘pickpockets’ remark against PM Modi, Adani

The Delhi High Court has directed the Election Commission of India to act against Congress MP Rahul Gandhi “in accordance with the law” for calling Prime Minister Narendra Modi, home minister Amit Shah and businessman Gautam Adani ‘pickpockets’. Observing that the statements were not in good taste, the court gave the constitutional body eight weeks to take the action.

“Though the statements are not in good taste, yet as the ECI is acting in the matter the court will not like to keep the matter pending. The same is disposed of,” court said in the order.

The court directed action against Gandhi after being informed that though ECI had issued a notice to him on November 23 and had said it would take action against him in case he did not reply before November 26, he failed to respond.

The court, however, didn’t specify what action the poll panel must take against Gandhi.

What had Election Commission’s notice against Rahul Gandhi said?

Last month, the Election Commission had issued a show-cause notice to Gandhi on November 23 over his ‘panauti and pickpocket’ jibes at PM Modi. It had also asked him to respond before November 26.

The BJP had said it was “unbecoming” of a “very senior leader” to use such language.

The EC in its notice had reminded Gandhi that per the Model Code of Conduct, leaders were not allowed to make unverified allegations against political rivals.

In its complaint to the Election Commission, the BJP had said Gandhi’s allegation that its government granted waivers to industrialists of ₹14,00,000 crore wasn’t “borne out of facts”.

The Election Commission’s notice had said that the expression “panauti” ex-facie falls in the equity of the prohibition of section 123 of the Representation of the People Act, dealing with corrupt practices.

Clause 2, sub section (ii) of section 123 states that any person who induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such a candidate or elector, the notice reminded Gandhi.

In its notice, the Election Commission had invoked the Supreme Court’s observation that the right to reputation was considered to be an inextricable part of the right to life protected by Article 21.

“Accordingly, you are requested to provide your explanation on the allegation made and to show causes as to why action as deemed fit for alleged violation of Model Code of Conduct and relevant penal provisions is not initiated by the commission. Your reply, if any, will be reached by 6.00 pm of November 25. If no reply is received by then, action deemed fit will be taken by the commission,” the notice added.