Clarion India
NEW DELHI – Ninety-three former civil servant have written a letter to the Election Commission of India (ECI) on the speech given by Prime Minister Narendra Modi in Rajasthan’s Banswara on April 21.
The speech contained hate-filled remarks against Muslims, suggesting that were “infiltrators” and the opposition, if elected, would give away “mangalsutras” and “land” of those listening to his speech to Muslims. The ECI has received over 2,200 complaint letters from citizens over this particular speech.
The letter specified ways in which the speech violated the Model Code of Conduct, the Representation of People Act and the Indian Penal Code.
The letter was actually written by former IIM-Ahmedabad professor Jagdeep Chhokar and endorsed by former civil servants.
Read the full letter from the former civil servants below.
23 April 2024
To
Shri Rajiv Kumar, Chief Election Commissioner
Shri Gyanesh Kumar, Election Commissioner
Dr. S.S. Sandhu, Election Commissoner
Dear Shri Rajiv Kumar, Shri Gyanesh Kumar and Dr .S.S. Sandhu,
We are a group of former civil servants who have served the Central and State governments in various capacities. We have no affiliation with any political party but are strongly committed to the ideals enshrined in the Constitution of India.
As members of the Constitutional Conduct Group (CCG), we write to endorse the letter (copied below) written by Prof Jagdeep S. Chhokar on April 22, 2024, regarding the outrageously communal speech given by the Prime Minister on April 21, 2024. We hope the Election Commission of India will at least now take suitable action as suggested in the letter under reference (at pages 2-4 below).
SATYAMEVA JAYATE
Yours sincerely,
Constitutional Conduct Group (93 signatories, at pages 4-7 below)
§
LETTER FROM PROF. JAGDEEP S. CHHOKAR TO ELECTION COMMISSION OF INDIA
Jagdeep S. Chhokar, PhD., LL.B.
Professor (Retired) and Former Dean
Indian Institute of Management, Ahmedabad
April 22, 2024
Shri Rajiv Kumar
Chief Election Commissioner
Shri Gyanesh Kumar
Election Commissioner
Dr Sukhbir Singh Sandhu
Election Commissioner
Subject: Violation of (a) the Model Code of Conduct, (b) Sections 123(3) and (3A), 125 of the Representation of the People Act, 1951, and Section 153A of the Indian Penal Code by Shri Narendra Modi, the Prime Minister, in a speech in Banswara, Rajasthan, on April 21, 2024.
Dear S/Shri Rajiv Kumar, Gyanesh Kumar, and Dr Sukhbir Singh Sandhu,
- I write to you as a concerned citizen of India and a keen observer of the political and electoral situation in the county, while being completely non-partisan about ALL political parties.
- I have been concerned about the political discourse in the current campaign for the 2024 Lok Sabha election. However, it is a speech by Shri Narendra Modi, the Prime Minister, in Banswara in Rajasthan, on April 21, 2024, that makes me take the liberty of writing to you to lodge a complaint for violation of the Model Code of Conduct.
- A link to the video of this speech is available at the link https://www.youtube.com/watch?v=E8s9LkUoFzA, with the title “PM Modi Live | Public meeting in Banswara, Rajasthan | Lok Sabha Election 2024”.
- Anyone watching the entire video will, in my opinion, will not be left in any doubt whatsoever that it is an election campaign video. Shri Modi is a star campaigner for the Bharatiya Janata Party (BJP) and actually names candidates contesting on behalf of the BJP.
- I urge the full Commission to particularly watch the video from 36:44 to 38:01, a Hindi transcript of which, taken from the You Tube link mentioned above itself, is reproduced below.
- =================================================
36:44
मेनिफेस्टो में गोल ले लेंगे सबको वितरित कर देंगे और
36:50
पहले जब उनकी सरकार थी उन्होंने कहा था कि देश की संपत्ति पर पहला अधिकार मुसलमानों
36:59
इसका मतलब यह संपत्ति इकट्ठी करके किसको
37:04
बांटेंगे जिनके ज्यादा बच्चे हैं उनको
37:10
बाटेंगे घुसपैठियों को बाटेंगे क्या आपकी मेहनत की कमाई का पैसा
37:17
गुपे को दिया जाएगा आपको मंजूर है य यह कांग्रेस का मैनिफेस्टो कह रहा
37:26
है माताओं बहनों का सोने का हिसाब करेंगे उसकी जड़ती करेंगे जानकारी लेंगे और फिर
37:34
उस संपत्ति को बांट देंगे और उनको बांटेंगे जिनको मनमोहन सिंह जी की सरकार
37:40
ने कहा था कि संपत्ति पर पहला अधिकार मुसलमानों का है भाइयों बहनों ये अर्बन
37:48
नक्सल की सोच मेरी माताओं बहनों ये
37:54
आपका मंगल सूत्र भी बचने नहीं देंगे यहां तक जाएंगे मैं कहने
38:01
आया साथियों
- To me it is clear that the above excerpts from Shri Modi’s speech are clearly in violation of Sections 123(3), 123(3A), and Section 125 of the Representation of the People Act (RPA), 1951. The RPA, 1951 can be seen at https://www.indiacode.nic.in/bitstream/123456789/2096/5/a1951-43.pdf.
- Sections 123(3), 123(3A), and Section 125 of the RPA, 1951, are reproduced below for ready reference.
“123(3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate:
Provided that no symbol allotted under this Act to a candidate shall be deemed to be a religious symbol or a national symbol for the purposes of this clause.”
“123(3A) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.”
“125. Promoting enmity between classes in connection with election.—Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall he punishable, with imprisonment for a term which may extend to three years, or with fine, or with both.”
- In addition, to the above violations of the RPA 1951, the above speech and the excerpts in particular, also attract the provisions of Section 153A of the Indian Penal Code which reads as follows:
“153A. Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.—(1) Whoever—
(a) 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, or
(b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity.
The complete text of the Indian Penal Code can be accessed at https://lddashboard.legislative.gov.in/sites/default/files/A1860-45.pdf.
- I urge the Commission to take appropriate action on the violations as described above with information to the undersigned.
- Given the election is already underway, it is absolutely necessary that the action be taken without any loss of time.
- I really look forward to hearing from you VERY SOON.
An MS Word file of this letter is attached for easy reading.
With warm regards,
Jagdeep S. Chhokar
§
| 1. | Anand Arni | RAS (Retd.) | Former Special Secretary, Cabinet Secretariat, GoI |
| 2. | Aruna Bagchee | IAS (Retd.) | Former Joint Secretary, Ministry of Mines, GoI |
| 3. | Sandeep Bagchee | IAS (Retd.) | Former Principal Secretary, Govt. of Maharashtra |
| 4. | G. Balachandhran | IAS (Retd.) | Former Additional Chief Secretary, Govt. of West Bengal |
| 5. | Vappala Balachandran | IPS (Retd.) | Former Special Secretary, Cabinet Secretariat, GoI |
| 6. | Gopalan Balagopal | IAS (Retd.) | Former Special Secretary, Govt. of West Bengal |
| 7. | Chandrashekar Balakrishnan | IAS (Retd.) | Former Secretary, Coal, GoI |
| 8. | Rana Banerji | RAS (Retd.) | Former Special Secretary, Cabinet Secretariat, GoI |
| 9. | Sharad Behar | IAS (Retd.) | Former Chief Secretary, Govt. of Madhya Pradesh |
| 10. | Madhu Bhaduri | IFS (Retd.) | Former Ambassador to Portugal |
| 11. | Nutan Guha Biswas | IAS (Retd.) | Former Member, Police Complaints Authority, Govt. of NCT of Delhi |
| 12. | Meeran C Borwankar | IPS (Retd.) | Former DGP, Bureau of Police Research and Development, GoI |
| 13. | Ravi Budhiraja | IAS (Retd.) | Former Chairman, Jawaharlal Nehru Port Trust, GoI |
| 14. | Sundar Burra | IAS (Retd.) | Former Secretary, Govt. of Maharashtra |
| 15. | R. Chandramohan | IAS (Retd.) | Former Principal Secretary, Transport and Urban Development, Govt. of NCT of Delhi |
| 16. | Kalyani Chaudhuri | IAS (Retd.) | Former Additional Chief Secretary, Govt. of West Bengal |
| 17. | Purnima Chauhan | IAS (Retd.) | Former Secretary, Administrative Reforms, Youth Services & Sports and Fisheries, Govt. of Himachal Pradesh |
| 18. | Gurjit Singh Cheema | IAS (Retd.) | Former Financial Commissioner (Revenue), Govt. of Punjab |
| 19. | F.T.R. Colaso | IPS (Retd.) | Former Director General of Police, Govt. of Karnataka & former Director General of Police, Govt. of Jammu & Kashmir |
| 20. | Anna Dani | IAS (Retd.) | Former Additional Chief Secretary, Govt. of Maharashtra |
| 21. | Vibha Puri Das | IAS (Retd.) | Former Secretary, Ministry of Tribal Affairs, GoI |
| 22. | P.R. Dasgupta | IAS (Retd.) | Former Chairman, Food Corporation of India, GoI |
| 23. | Pradeep K. Deb | IAS (Retd.) | Former Secretary, Deptt. Of Sports, GoI |
| 24. | M.G. Devasahayam | IAS (Retd.) | Former Secretary, Govt. of Haryana |
| 25. | A.S. Dulat | IPS (Retd.) | Former OSD on Kashmir, Prime Minister’s Office, GoI |
| 26. | Prabhu Ghate | IAS (Retd.) | Former Addl. Director General, Department of Tourism, GoI |
| 27. | Arif Ghauri | IRS (Retd.) | Former Governance Adviser, DFID, Govt. of the United Kingdom (on deputation) |
| 28. | Suresh K. Goel | IFS (Retd.) | Former Director General, Indian Council of Cultural Relations, GoI |
| 29. | S.K. Guha | IAS (Retd.) | Former Joint Secretary, Department of Women & Child Development, GoI |
| 30. | H.S. Gujral | IFoS (Retd.) | Former Principal Chief Conservator of Forests, Govt. of Punjab |
| 31. | Meena Gupta | IAS (Retd.) | Former Secretary, Ministry of Environment & Forests, GoI |
| 32. | Wajahat Habibullah | IAS (Retd.) | Former Secretary, GoI and former Chief Information Commissioner |
| 33. | Deepa Hari | IRS (Resigned) | |
| 34. | Sajjad Hassan | IAS (Retd.) | Former Commissioner (Planning), Govt. of Manipur |
| 35. | Sanjay Kaul | IAS (Retd.) | Former Principal Secretary, Govt. of Karnataka |
| 36. | Gita Kripalani | IRS (Retd.) | Former Member, Settlement Commission, GoI |
| 37. | Ish Kumar | IPS (Retd.) | Former DGP (Vigilance & Enforcement), Govt. of Telangana and former Special Rapporteur, National Human Rights Commission |
| 38. | Sudhir Kumar | IAS (Retd.) | Former Member, Central Administrative Tribunal |
| 39. | Subodh Lal | IPoS (Resigned) | Former Deputy Director General, Ministry of Communications, GoI |
| 40. | Dinesh Malhotra | IAS (Retd.) | Former Secretary, Govt. of Himachal Pradesh |
| 41. | Harsh Mander | IAS (Retd.) | Govt. of Madhya Pradesh |
| 42. | Amitabh Mathur | IPS (Retd.) | Former Special Secretary, Cabinet Secretariat, GoI |
| 43. | Lalit Mathur | IAS (Retd.) | Former Director General, National Institute of Rural Development, GoI |
| 44. | Aditi Mehta | IAS (Retd.) | Former Additional Chief Secretary, Govt. of Rajasthan |
| 45. | Malay Mishra | IFS (Retd.) | Former Ambassador to Hungary |
| 46. | Avinash Mohananey | IPS (Retd.) | Former Director General of Police, Govt. of Sikkim |
| 47. | Satya Narayan Mohanty | IAS (Retd.) | Former Secretary General, National Human Rights Commission |
| 48. | Sudhansu Mohanty | IDAS (Retd.) | Former Financial Adviser (Defence Services), Ministry of Defence, GoI |
| 49. | Anup Mukerji | IAS (Retd.) | Former Chief Secretary, Govt. of Bihar |
| 50. | Deb Mukharji | IFS (Retd.) | Former High Commissioner to Bangladesh and former Ambassador to Nepal |
| 51. | Jayashree Mukherjee | IAS (Retd.) | Former Additional Chief Secretary, Govt. of Maharashtra |
| 52. | Shiv Shankar Mukherjee | IFS (Retd.) | Former High Commissioner to the United Kingdom |
| 53. | Gautam Mukhopadhaya | IFS (Retd.) | Former Ambassador to Myanmar |
| 54. | Sobha Nambisan | IAS (Retd.) | Former Principal Secretary (Planning), Govt. of Karnataka |
| 55. | Surendra Nath | IAS (Retd.) | Former Member, Finance Commission, Govt. of Madhya Pradesh |
| 56. | P. Joy Oommen | IAS (Retd.) | Former Chief Secretary, Govt. of Chhattisgarh |
| 57. | Amitabha Pande | IAS (Retd.) | Former Secretary, Inter-State Council, GoI |
| 58. | Mira Pande | IAS (Retd.) | Former State Election Commissioner, West Bengal |
| 59. | Maxwell Pereira | IPS (Retd.) | Former Joint Commissioner of Police, Delhi |
| 60. | G.K. Pillai | IAS (Retd.) | Former Home Secretary, GoI |
| 61. | Gurnihal Singh Pirzada | IAS (Resigned) | Former MD, Punjab State Electronic Development & Production Corporation, Govt. of Punjab |
| 62. | Rajesh Prasad | IFS (Retd.) | Former Ambassador to the Netherlands |
| 63. | R.M. Premkumar | IAS (Retd.) | Former Chief Secretary, Govt. of Maharashtra |
| 64. | T.R. Raghunandan | IAS (Retd.) | Former Joint Secretary, Ministry of Panchayati Raj, GoI |
| 65. | N.K. Raghupathy | IAS (Retd.) | Former Chairman, Staff Selection Commission, GoI |
| 66. | V.P. Raja | IAS (Retd.) | Former Chairman, Maharashtra Electricity Regulatory Commission |
| 67. | V. Ramani | IAS (Retd.) | Former Director General, YASHADA, Govt. of Maharashtra |
| 68. | M. Rameshkumar | IAS (Retd.) | Former Member, Maharashtra Administrative Tribunal |
| 69. | K. Sujatha Rao | IAS (Retd.) | Former Health Secretary, GoI |
| 70. | M.Y. Rao | IAS (Retd.) | |
| 71. | Satwant Reddy | IAS (Retd.) | Former Secretary, Chemicals and Petrochemicals, GoI |
| 72. | Vijaya Latha Reddy | IFS (Retd.) | Former Deputy National Security Adviser, GoI |
| 73. | Julio Ribeiro | IPS (Retd.) | Former Director General of Police, Govt. of Punjab |
| 74. | Aruna Roy | IAS (Resigned) | |
| 75. | A.K. Samanta | IPS (Retd.) | Former Director General of Police (Intelligence), Govt. of West Bengal |
| 76. | Deepak Sanan | IAS (Retd.) | Former Principal Adviser (AR) to Chief Minister, Govt. of Himachal Pradesh |
| 77. | G.V. Venugopala Sarma | IAS (Retd.) | Former Member, Board of Revenue, Govt. of Odisha |
| 78. | S. Satyabhama | IAS (Retd.) | Former Chairperson, National Seeds Corporation, GoI |
| 79. | A. Selvaraj | IRS (Retd.) | Former Chief Commissioner, Income Tax, Chennai, GoI |
| 80. | Abhijit Sengupta | IAS (Retd.) | Former Secretary, Ministry of Culture, GoI |
| 81. | Aftab Seth | IFS (Retd.) | Former Ambassador to Japan |
| 82. | Ashok Kumar Sharma | IFS (Retd.) | Former Ambassador to Finland and Estonia |
| 83. | Pravesh Sharma | IAS (Retd.) | Former Additional Chief Secretary, Govt. of Madhya Pradesh |
| 84. | Raju Sharma | IAS (Retd.) | Former Member, Board of Revenue, Govt. of Uttar Pradesh |
| 85. | Rashmi Shukla Sharma | IAS (Retd.) | Former Additional Chief Secretary, Govt. of Madhya Pradesh |
| 86. | Avay Shukla | IAS (Retd.) | Former Additional Chief Secretary (Forests & Technical Education), Govt. of Himachal Pradesh |
| 87. | Satyavir Singh | IRS (Retd.) | Former Chief Commissioner of Income Tax, GoI |
| 88. | Tara Ajai Singh | IAS (Retd.) | Former Additional Chief Secretary, Govt. of Karnataka |
| 89. | A.K. Srivastava | IAS (Retd.) | Former Administrative Member, Madhya Pradesh Administrative Tribunal |
| 90. | Prakriti Srivastava | IFoS (Retd.) | Former Principal Chief Conservator of Forests & Special Officer, Rebuild Kerala Development Programme, Govt. of Kerala |
| 91. | Anup Thakur | IAS (Retd.) | Former Member, National Consumer Disputes Redressal Commission |
| 92. | P.S.S. Thomas | IAS (Retd.) | Former Secretary General, National Human Rights Commission |
| 93. | Geetha Thoopal | IRAS (Retd.) | Former General Manager, Metro Railway, Kolkata |
