A writ petition has been filed against Prime Minister Narender Modi and the Election Commission of India before the Supreme Court alleging that on April 21, 2024, PM Modi addressed a public rally at Banswara, Rajasthan in which he made statements aiming at creating enmity between groups which is a serious violation of the Model Code of Conduct and Representation of the Peoples Act and Indian Penal Code.

The petition has been filed by a lady named Fatima from Delhi. The petitioner does not claim to have approached the Election Commission with a complaint, but claims that various organisations and individuals have already approached the Election Commission about PM's speeches, but no action has been taken.

The petition filed through Advocate Dr. Sunil Kumar Agarwal, reproduced the excerpt of the speech made by PM Modi, which is also available in the public domain. The plea stated that “The Petitioner submits that this clearly shows that the statement made by the Respondent No.2 are not only inflammatory but illegal and promoting ill feeling amongst communities. The Respondent No.2 referring to mangalsutra is clearly referring to Hindu Community. The Respondent No.2 referred to Ghuspaithiye meaning intruder and jinke jyada bachche hain, meaning he is clearly speaking in reference to Muslim community. The Petitioner is submitting the details of the speech of Respondent No.2 at Rajasthan’s Banswara on 21.04.2024 which is available in the Youtube Page of Shri Narendra Modi…”

The Petitioner also alleged that PM Modi had given a similar speech at Pilibhit, Uttar Pradesh and had stated in that speech that he had built a Hindu Temple. Further, it was stated that he had clearly violated the Model of Conduct and thereby committed an offence under Section 153A of the Indian Penal Code and attracted disqualification under the Representation of the People Act, 1951.

The Petition stated, “The Petitioner states that the Respondent No.2 not only sought votes in the name of Hindu and Sikh Deities and their places of worship, but also made comments against opposite political parties as favoring Muslims. This statement of the Respondent No. 2 creating hatred by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill-will between different religious, racial language or regional groups or castes or communities…The Petitioner further submits that the Respondent No.2 is on the run of making the same violative speech throughout India while travelling in aircrafts and helicopter of Government of India.”

The Petitioner has prayed the Court to direct the Election Commission of India to take action against PM Modi as per the Model Code of Conduct, mentioned in the Compendium of Instruction Volume-III under Rules-General Conduct, forthwith.

Cause Title: Fatima v. The Chief Election Commissioner and Anr. (Diary No(s). 21732/2024)