Skip to main content

Amit Shah accused of inciting communal passion: Demand to postpone Gujarat polls

Counterview Desk 

In an email representation to the Election Commission of India (ECI), Dr EAS Sarma, former secretary to the Government of India, has objected to the statement reported to have been made by Union home minister Amit Shah, who allegedly justified the 2002 Gujarat riots stating that certain sections of people “taught a lesson” to the rioters.
Noting that the statement, if correct, “in effect implies those other than the law enforcement authorities had taken law into their hands”, Sarma says, “Shah's statement needs to be viewed by the ECI in conjunction with the reported fact that it was the Union Home Ministry that cleared the release of the eleven rape convicts in the Bilkis Bano case, directly related to the infamous Godhra incidents in 2002, which triggered the shameful sequence of events that shook the nation's conscience.”
According to Sarma, if the statement is true, “I am constrained to draw the inevitable inference that it would have already impacted the course of the Gujarat elections in the short run and would have long-term adverse implications for the nation as whole.”
Supporting Sarma, well-known political scientist Jagdeep S Chhokar, former professor, dean, and director in-charge, Indian Institute of Management, Ahmedabad, has demanded that “deferment the elections in Gujarat till such time that the environment becomes conducive to conducting elections freely and fairly”.

EAS Sarma’s email to ECI:

I have come across the following highly objectionable statement, reported to have been made by Shri Amit Shah, the Union Home Minister, in Gujara, addressing a rally in Mahudha town of Kheda district, in support of BJP candidates ahead of the next month's Assembly elections:
"During the Congress rule in Gujarat (before 1995), communal riots were rampant. Congress used to incite people of different communities and castes to fight against each other. Through such riots, Congress had strengthened its vote bank and did injustice to a large section of the society... But after they were taught a lesson in 2002, these elements left that path (of violence). They refrained from indulging in violence from 2002 till 2022. BJP has established permanent peace in Gujarat by taking strict action against those who used to indulge in communal violence."
The said statement apparently refers to how a political party and certain sections of the people "taught a lesson", which in effect implies those other than the law enforcement authorities had taken law into their hands. If the statement is correctly reported, it would have serious public interest implications.
I sincerely hope that Shri Amit Shah had not made any such statement but, if he had indeed made a statement to that effect, considering that it has come from him, holding the high and responsible office of the Union Home Minister, it assumes a great deal of importance, having wide ramifications for the ensuing Gujarat elections, scheduled to take place shortly and even for other Assembly elections scheduled to take place elsewhere in the country during the next few days.
The statement, if it is found to be true, violates the Model Code of Conduct in force, especially with reference to the following clause: "There shall be no appeal to caste or communal feelings for securing votes.”
Shri Shah's statement needs to be viewed by the Election Commission in conjunction with the reported fact that it was the Union Home Ministry that cleared the release of the eleven rape convicts in the Bilkis Bano case, directly related to the infamous Godhra incidents in 2002, which triggered the shameful sequence of events that shook the nation's conscience. The background and the aftermath of the Gujarat incidents of 2002 are so widely known that I do not have to explain the same to the Commission in detail.
I believe that, as the custodian of free and fair elections in Gujarat and elsewhere, by virtue of Article 324, and the trust reposed by the electorate in the integrity and impartiality of the Election Commission, the Commission should act quickly, hold a special emergent meeting, ascertain the veracity of the news report on Shri Shah's purported statement and, if the said statement is found to be true, the Commission should, as required, give an opportunity to the person who has made the statement to explain his position, take immediate penal action if necessary, so as to ensure that after-effects of the statement may not interfere with the integrity of the electoral process in the State.
From the statement referred, if it is true, I am constrained to draw the inevitable inference that it would have already impacted the course of the Gujarat elections in the short run and would have long-term adverse implications for the nation as whole. By token penalties imposed, the Commission may not be able to undo the considerable damage that would have already been caused, in which case, the only course of action left to the Commission is to consider deferment of the elections, till such time that the environment becomes conducive to conducting elections freely and fairly.
The Commission should also take note of the fact that the Union Ministry of Finance had earlier notified an unprecedented extension of the window for political parties receiving corporate donations, on which I had expressed my concern in my letter addressed to you on 8-11-2022, with a special reference to the Model Code. To the best of my knowledge, the Commission is yet to initiate any meaningful action on it!
I may further remind the Commission that its inaction in announcing Gujarat elections on October 14, 2022, simultaneously with announcement of elections in Himachal Pradesh (HP), and deferring Gujarat elections till November 3, 2022, for no plausible and convincing reason, resulted, in the Model Code of Conduct coming into force only on November 3. This indirectly (perhaps coincidentally!) gave license to the local authorities in Gujarat to go ahead with premature inauguration of the dangerous, incompletely restored Morbi bridge on Machchhu River, which in turn resulted in a horrific human disaster that took away the lives of more than a hundred innocent persons. Had the Commission announced the Gujarat elections along with its announcement of the HP elections, the Morbi accident would never have taken place! While the two events were not directly connected, it is a fact that the Commission did defer announcing the Gujarat elections, without citing any plausible and valid reason. It is essential that the Commission remains not only credible as a Constitutional authority but also appears to be so, in every respect.
The Election Commission of India is a unique, independent institution, owing its existence to Article 324 of the Constitution and the apex court has time and again emphasised that the Commission's responsibility is to ensure that nothing happens that affects the fairness of elections. During the time when the Model Code of Conduct is in force, the Commission has the authority to go to any extent to penalise those that violate the Code and take appropriate steps to safeguard the integrity of the electoral process in every possible way.
Several incumbents of the office of the Commission in the past had demonstrated the authority of the Commission in its full measure and the people of this country, who repose trust in the Commission's authority as an independent institution, expect the Commission to act objectively with the sole purpose of safeguarding the integrity and fairness of the electoral process, impervious to extraneous influences. The Commission cannot afford to permit political parties to indulge in divisive exhortations to the electorate and thereby influence elections against the public interest.
I sincerely hope that you will act urgently, firmly and decisively in this matter, as suggested by me above, keeping in view that the elections are going to take place in Gujarat very shortly.

Jagdeep S Chhokar’s representation:

1. This is in continuation of Dr EAS Sarma’s email of November 26, 2022 (a copy of which is appended at the end of this email), about the violation of the Model Code of Conduct (MCC) by the Union Home Minister, Mr. Amit Shah while addressing a rally in Mahudha town of Kheda district, in support of BJP candidates ahead of the next month's Assembly elections, as reported by the NDTV news channel which is available at this link.
2. Dr Sarma kindly shared a copy of his email with me.
3. I fully agee with and support all that Dr. Sarma has said in his email.
4. In addition, I wish to bring to your attention that Mr. Amit Shah’s statement:
a. attracts section 8 of the Representation of the People Act, 1951, and
b. is in violation 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, or
(c) organizes any exercise, movement, drill or other similar activity intending that the participants in such activity shall use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, or participates in such activity intending to use or be trained to use criminal force or violence or knowing it to be likely that the participants in such activity will use or be trained to use criminal force or violence, against any religious, racial, language or regional group or caste or community and such activity for any reason whatsoever causes or is likely to cause fear or alarm or a feeling of insecurity amongst members of such religious, racial, language or regional group or caste or community, shall be punished with imprisonment which may extend to three years, or with fine, or with both.”
5. In view of the foregoing, I strongly urge the Commission to do the following:
a. Deferment the elections in Gujarat “till such time that the environment becomes conducive to conducting elections freely and fairly”, due to the gross violation of the Model Code of Conduct, as already suggested by Dr. Sarma.
b. Initiate action for the lodging of appropriate complaint and registration of consequential First Information Report for the violation of section 153A of the Indian Penal Code against the alleged offender(s).
6. Since the matter concerns the election in the state of Gujarat where the polling for the first phase is scheduled to be held on December 01, 2023, it is requested that the action taken on this email may please be intimated to me by November 28, 2022 so that I can initiate further action if necessary, in good time before the polling date of December 01, 2023.
I look forward to hearing from you.

Comments

TRENDING

Insider plot to kill Deendayal Upadhyay? What RSS pracharak Balraj Madhok said

By Shamsul Islam*  Balraj Madhok's died on May 2, 2016 ending an era of old guards of Hindutva politics. A senior RSS pracharak till his death was paid handsome tributes by the RSS leaders including PM Modi, himself a senior pracharak, for being a "stalwart leader of Jan Sangh. Balraj Madhok ji's ideological commitment was strong and clarity of thought immense. He was selflessly devoted to the nation and society. I had the good fortune of interacting with Balraj Madhok ji on many occasions". The RSS also issued a formal condolence message signed by the Supremo Mohan Bhagwat on behalf of all swayamsevaks, referring to his contribution of commitment to nation and society. He was a leading RSS pracharak on whom his organization relied for initiating prominent Hindutva projects. But today nobody in the RSS-BJP top hierarchy remembers/talks about Madhok as he was an insider chronicler of the immense degeneration which was spreading as an epidemic in the high echelons of th

Central pollution watchdog sees red in Union ministry labelling waste to energy green

By Chythenyen Devika Kulasekaran*  “Destructors”, “incinerators” and “waste-to-energy (WTE) incineration” all mean the same thing – indiscriminate burning of garbage! Having a history of about one and a half centuries, WTE incinerators have seen several reboots over the 19th, 20th and 21st centuries. 

First-of-its-kind? 'Eco-friendly, low cost' sewage treatment system installed in Gujarat

Counterview Desk Following the installation of the Unconventional Decentralized Multi-Stage Reactor (UDMSR) for sewage treatment, a note on what is claimed to be the  first-of-its-kind technology said, the treated sewage from this system “can be directly utilized for agricultural purposes”, even as proving to be a “saviour in the times of water crisis.”

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Indo-Bangla border: Farmers facing 'illegal obstacles' in harvesting, transporting yields

  Counterview Desk  In a representation to the chairperson, National Human Rights Commission, human rights defender Kirity Roy, who is secretary, Banglar Manabadhikar Suraksha Mancha (MASUM), has said that Border Security Force (BSF) personnel are creating "illegal obstacles" for farmers seeking to harvest their ripened yields and transport them to the market in village Jhaukuthi of Cooch Behar district.

Wasteland, a colonial legacy, being used to 'give away' vast tracts to Ratnagiri refinery

By Fouziya Tehzeeb* William D’Souza, a 55-year old farmer from Kuthethur, Mangalore, was busy mixing cattle feed when we arrived at his doorsteps. Around 25 km from the bustling city of Mangalore, Kuthethur is a lush green village with thick vegetation. On the way to William’s house the idyllic view gets blocked by the flares and smoke arising from the Mangalore Refinery and Petrochemicals Limited (MRPL).

'Flawed' argument: Gandhi had minimal role, naval mutinies alone led to Independence

Counterview Desk Reacting to a Counterview  story , "Rewiring history? Bose, not Gandhi, was real Father of Nation: British PM Attlee 'cited'" (January 26, 2016), an avid reader has forwarded  reaction  in the form of a  link , which carries the article "Did Atlee say Gandhi had minimal role in Independence? #FactCheck", published in the site satyagrahis.in. The satyagraha.in article seeks to debunk the view, reported in the Counterview story, taken by retired army officer GD Bakshi in his book, “Bose: An Indian Samurai”, which claims that Gandhiji had a minimal role to play in India's freedom struggle, and that it was Netaji who played the crucial role. We reproduce the satyagraha.in article here. Text: Nowadays it is said by many MK Gandhi critics that Clement Atlee made a statement in which he said Gandhi has ‘minimal’ role in India's independence and gave credit to naval mutinies and with this statement, they concluded the whole freedom struggle.

CAA disregards India's inclusive plural ethos, 'betrays' ideals of freedom struggle: PUCL

Counterview Desk    "Outraged" at the move of the Central government to implement the Citizenship Amendment Act, 2019 (CAA 2019) weeks before the election, the top rights group, People's Union for Civil Liberties (PUCL), has demanded that the law be repealed. 

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Sections of BSF, BGB personnel 'directly or indirectly' involved in cross border smuggling

By Kirity Roy*  The Border Security Force (BSF) of India and the Border Guard Bangladesh (BGB) of Bangladesh met for 54th Director General level meeting at Dhaka, Bangladesh, on 5th to 9th March, 2024 to discuss on minimizing killings at border area, illegal intrusion, trafficking of drugs and other narcotics, smuggling of arms and ammunitions and other crimes at bordering areas. Further, the summit had an agenda to discuss on overall development in 150 yards area at both sides of the border and design an activity plan for the same.