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Jaitley slams FIRs against Modi
New Delhi, May 1 (IBNS) A day after two First information Reports (FIRs) were filed against Bharatiya Janata Party (BJP)'s prime ministerial candidate Narendra Modi, senior party leader Arun Jaitley slammed the action and said the Election Commission (EC) acted in haste.
In an article on his official website, Jaitley said: "Every time senior politicians cast their vote, a large number of media persons assemble outside the polling station. They want their comments on their own vote and also on the trend of the elections. The politicians freely interact with the media. They make short comments and then leave. This is precisely what Mr. Narendra Modi did. He was not expected to be rude enough and give the media no comments."
"The Election Commission of India has directed that an FIR under section 126(1)(a) and section 126(1)(b) be registered against Mr. Modi and the media organizations which have telecast his bite through the media. The substance of the allegations in the Election Commission’s order is that within the ‘polling area’, a ‘public meeting’ has been held.
"Polling was in progress in various parts of the country. Since the comment has been telecast during the polling hours and the Lotus symbol displayed, both Mr. Narendra Modi and the media are liable," he said.
He further said: "From the Election Commission’s order, it is not clear as to what the definition of ‘polling area’ is. Is it the polling station? In any event the comment was made outside the polling station. The Election Commission’s order makes it appear that the entire country could be a polling area since the media comment could be seen in every part of the country."
Jaitley said: "When Constitutional institutions react in haste and even anger, they miss out the larger vision. Criminal law provisions are to be strictly construed. Their meaning can’t be stretched out. A public meeting is a public meeting, the media bite is not a public meeting.
"If media is to be prosecuted for displaying comments of politicians on a voting day such a provision will fall foul of constitutional guarantee of free speech since it is not covered by the prescribed restrictions under Article 19 (2)."
"If the whole country is a polling area, since scattered and phased elections are on in several parts of India, the political rallies and their reportage by the media when polling is going on in some other parts of the country, would attract penal consequences."
"Prof. Amartya Sen spoke to the media after his vote yesterday. He gave his reasons why he does not favour Modi. The Prime Minister spoke to the media after casting his vote in Assam. So did most other political leaders.
"I am not pleading for their prosecution. I am only illustrating that an interpretation being given by the Election Commission may fall foul," Jaitley added.
"Article 324 of the Constitution is a reservoir of residuary jurisdiction. It can’t impact areas occupied by law. It cannot dilute the import and content of the right to free speech," he said.
Modi on Wednesday reacted strongly against the FIRs lodged against him and said the ruling Congress is 'worried' about him.
"If someone shows a gun or knife, there can be an FIR but I showed a Lotus, and that is why an FIR was filed against me," Modi said while addressing a rally.
"This shows how worried the Congress is. Defeat is certain for them,” said Modi.
Two FIRs were filed against Modi on Wednesday for waving party symbol lotus while addressing the media.
The Crime Branch of the Ahmedabad Police will investigate the matter.
A police complaint was also lodged against TV channels.
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