Prashant Bhushan urges ECI to act on Modi’s poll violations, probe into electoral bonds

Hyderabad: Ram Mandir, Hindus and Muslims dominate the speech of prime minister Narendra Modi but the Election Commission is a mute spectator, said Prashant Bhushan, senior Supreme Court advocate, in Hyderabad. The Lok Sabha election campaign is fraught with violations by the highest office of the country said Bhushan.

The Telangana People’s Joint Action Committee and Bharat Jodo Abhiyan organised a lecture on ‘Election 2024: Democracy and Constitution in Danger’ at Madina Education Centre, Nampally.

‘Modi using IAF planes for campaigning’

Speaking at the lecture, Prashant Bhushan said, “It is very unfortunate that the ECI is not taking any action for the speeches of PM Modi which are meant to divide the society. There are Indian Air Force planes which are being used by the PM for the electioneering process which is also not allowed. For this too, ECI has been silent.”

Quoting the Allahabad High Court judgement in 1975 case where the then PM Indira Gandhi was found guilty of electoral malpractices as the Indian Air Force planes were used for electioneering, Bhushan said, “There is a precedent before us, where the court has pointed out these electoral malpractices.”

“It is not only the government machinery but also government officials who are being used for the election process by the ruling party,” said Bhushan.

Can ECI be held accountable?

“The Election Commission can and should be held accountable but the Supreme Court is reluctant to entertain this petition. The ECI can be taken to court for not conducting the electoral process properly,” said Bhushan.

Sitaram Yechury of CPI(M) and G Niranjan vice president of Telangana Pradesh Congress Committee have filed a complaint against PM Modi for using a reference to Ram Mandir in his speech on April 6 in Ajmer (Rajasthan) and April 7 at Bihar.

Yechury, in a letter to ECI, highlighted the violation under the general conduct of the Model Code of Conduct. He also stated that the ECI has not acted on these speeches.

‘Electoral Bonds are unconstitutional’

The electoral bonds have been termed unconstitutional by the Supreme Court. Despite that, in an interview with ANI, PM Modi referred to it as a ‘transparent system’ and finance minister Niramla Sitaraman said that ‘they will introduce it again.’

Anjali Bharadwaj, RTI and Democratic Rights activist said, “How can electoral bonds be defended by PM Modi and finance minister Nirmala Sitharaman? Supreme Court has clearly stated that the scheme is unconstitutional. This type of scheme is not required for the country.”

Need for criminal investigation into electoral bonds

A petition has been filed in the Supreme Court for an independent investigation into electoral bonds. Calling for a retired judge to head the investigation, Bhushan said, “Did some companies indulge in paying bribes to protect themselves? If so, then it is a criminal case and needs to be investigated.”

Anjali Bharadwaj explained, “In the country, we are seeing a situation where the officials of the Enforcement Directorate, Income Tax department and Central Bureau of Investigation are indulging in the bribe culture. Who is going to investigate the investigator? There is a need to identify these officials and action has to be taken according to the law.”

Bhushan said, “If the money that went into electoral bonds was tax money, then the companies need to be made accountable. Why was tax money going to a political party? These questions need answers and civil society is going to pursue them. The companies who paid money and got a favour from the government have indulged in the act of bribe.”

One of the questions discussed during the lecture was about investigating agencies of the country recovering the money of electoral bonds from political parties if it was proved that electoral bonds resulted in the culture of bribes.

The demand before the Supreme Court is to have an independent investigation in the electoral bonds case and only then will the real culprits be brought to book, the participants discussed.