Gujarat CM Narendra Modi’s political gambit in justifying the encounter killing of Sohrabuddin Sheikh could put him in legal trouble, with EC slapping a notice on him.
EC slaps notice on Gujarat CM but BJP believes voter polarisation will only help the party
NEW DELHI: Gujarat chief minister Narendra Modi’s political gambit in justifying the encounter killing of Sohrabuddin Sheikh could put him in legal trouble, with the Election Commission slapping a notice on him on the issue and an application being filed in the Supreme Court to make him a co-accused in the case amid widespread clamour for action against him.
The Election Commission notice issued on Thursday asked him to reply by Saturday morning. “The Commission, prima facie, is of the view that the references to Late Shri Sohrabuddin and linking his name to terrorism, made in the speech, amounts to indulging in activity which may aggravate existing differences, creating mutual hatred and causing tension between different communities, and would involve violation of the Model Code of Conduct,” the EC notice said.
In another development, senior advocate Prashant Bhushan and lyricist Javed Akhtar moved an application in the Supreme Court for making Modi a co-accused in the encounter case in which the cops involved are being tried for murder. They submitted that Modi had admitted his complicity in the fake encounter, showing it was a planned murder. They also accused him of inciting people to violence and instigating communal passions.
They have asked for special investigative team (SIT) headed by retired top cop Julius Ribeiro and a judge or independent person to probe the case.
Modi could be on shaky ground in both matters, according to senior advocate Colin Gonsalves. “While one cannot say what view the Supreme Court would take, Prashant Bhushan has a very strong case,” he said.
As for the EC, Gonsalves said it has very wide ranging powers. “If in your election campaign you are saying something against the Constitution, if you are saying things that create a rift in society, the EC can disqualify you,” he said.
Meanwhile, the Gujarat government’s senior counsel in the fake encounter case, KTS Tulsi has withdrawn himself from the case, saying that he is unable to defend the state government when the Chief Minister gives statements that make a mockery of the law and the Constitution.
He said that on the one hand, there were Gujarat government’s affidavits in the Supreme Court saying Sohrabuddin’s killing was a cold-blooded murder, the state government had also filed a chargesheet against its own police officers and is prosecuting them for murder. On the other hand, Modi had come out publicly virtually justifying the killing.
Commenting on this, the BJP merely said Modi would explain his remarks to Tulsi. “If Tulsi is not convinced then there are other lawyers who can represent the government,” said BJP deputy leader in Lok Sabha VK Malhotra.
The BJP was not worried much about the Election Commission notice. “At best there will be a reprimand or stricture. If all this polarises voters, it will only help BJP,” said a senior leader.
Bihar chief minister and BJP’s NDA ally JD(U) leader Nitish Kumar, campaigning in Gujarat, said Modi should not have made the remark. The reaction from Congress was muted, its president Sonia Gandhi making an oblique reference in her speech at parliamentary party meet to say the media had also exposed the active involvement of the BJP leadership in the brutalities which took place in 2002.
The CPI demanded disqualification of Modi from contesting elections and filing of a criminal case against him. A party delegation would meet the Election Commission on Friday to press the demand. CPI leader in the Lok Sabha Gurudas Dasgupta said “we would also like to know the reaction of BJP as well as its leaders Atal Bihari Vajpayee and L K Advani on the remarks of Modi.”
“Modi is a criminal challenge to India’s democracy. What is the reaction of Vajpayee … he is supposed to be the civilised face of the BJP. The EC should take suo motu note of his unpardonable remarks to defend a murder as well as his role in engineering riots to win elections and bar him from contesting,” Dasgupta said adding that a criminal case should be filed against Modi.
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