Delhi HC agrees to hear BJP leader’s plea

Petitioner wants parties misusing religion for political gain de-registered

May 15, 2019 12:41 am | Updated 12:41 am IST - New Delhi

The Delhi High Court on Tuesday agreed to hear a petition seeking a direction to the Election Commission to take appropriate steps to de-register political parties which misuse religion, race, caste, community and language for electoral gain.

The petition, filed by BJP leader Ashwini Kumar Upadhyay, noted that on May 13, Makkal Needhi Maiam leader Kamal Haasan described Mahatma Gandhi’s assassin Nathuram Godse as independent India’s first terrorist by invoking his religion.

“Speaking at an election rally for his party candidate in Aravakurichi Assembly constituency, where bypolls will be held on Sunday, Mr. Kamal Haasan said: ‘The first terrorist post-India's independence was a Hindu. His name was Nathuram Godse’,” the petition said.

The petition was mentioned before a bench comprising Chief Justice Rajendra Menon and Justice A.J. Bhambhani, which allowed it to be listed for hearing before an appropriate bench on Wednesday.

Mr. Upadhyay claimed that the statement of Mr. Haasan was “made deliberately in the presence of a Muslim majority crowd for electoral gain, which is clearly a corrupt practice under Section 123(3) [of] the Representation of the People Act, 1951”.

He said that as per the Model Code of Conduct, no party or candidate can indulge in any activity which may aggravate existing differences, create mutual hatred or cause tension between different castes or communities — religious or linguistic. “Hence, Mr. Haasan has violated the Model Code of Conduct,” he said.

Hindu outfit’s plaint

Right-wing fringe group Hindu Sena filed a complaint against Mr. Haasan at the Patiala House courts on Tuesday for allegedly hurting religious sentiments by terming Nathuram Godse a "Hindu terrorist". The matter is likely to be listed before a Metropolitan Magistrate on May 16.

In his complaint, Vishnu Gupta, president of Hindu Sena, said, “Mr. Haasan made remarks with mala fide and criminal intention to ridicule the Hindu religion and to promote feelings of hatred between Hindus and Muslims.”

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