'Is EC only right when Congress wins?' Ravi Shankar Prasad attacks Rahul Gandhi
Patna (PTI): Hitting out at Congress leader Rahul Gandhi and RJD's Tejashwi Yadav, former Union minister Ravi Shankar Prasad on Sunday claimed they were "shamelessly" spreading lies and making baseless allegations against the Election Commission.
Addressing a press conference in Patna, the senior BJP leader alleged Gandhi was trying to "mislead" the people with these allegations.
"Rahul Gandhi and Tejashwi Yadav are consistently attacking constitutional institutions. The kind of language they are using against the prime minister is unacceptable. They are shamelessly spreading lies and making baseless allegations," he alleged.
"In the 2024 Lok Sabha elections, the Samajwadi Party won 37 seats in UP, the BJP won 33, and the Congress bagged six seats. It was the same Election Commission then. If people vote for them, the EC is fine, but if they lose, it is bad. How can this logic work?" he asked.
Pointing to Maharashtra, where the Congress won 13 Lok Sabha seats, the BJP and Shiv Sena nine each, and the NCP eight, Prasad asked, "Wasn't the same EC there too?"
Noting that the Congress won assembly elections in Himachal Pradesh and Telangana, he said, "Is the EC only right when Congress wins?"
Prasad asked what the BJP can do if the people do not vote for the Congress.
"In Haryana, Delhi, and Maharashtra assembly elections, the BJP won because the people saw through Rahul Gandhi's lies," he claimed.
"Earlier it was 'chowkidar chor hai', today it's the EC. Rahul Gandhi has targeted everyone -- from the EC and the press to the prime minister. But he must understand, he cannot say anything he wants and expect the country to simply tolerate it," Prasad said.
He said the kind of language Yadav was using for the PM was unacceptable.
"The people of this country have elected Narendra Modi as the prime minister three times. He must apologise for calling the PM a liar. Tejashwi Yadav should be careful not to adopt Rahul Gandhi's ways under his influence," he said.
Prasad said the EC has already clarified that over 98 per cent of voters in Bihar submitted documents during the Special Intensive Revision (SIR) of electoral rolls.
"Out of 7.24 crore voters, only 0.16 per cent objections have been recorded. There are 3.28 lakh new applicants who have just turned or are about to turn 18. The deadline is September 1, so there is still time," he said.
"Rahul Gandhi's mindset is simple -- 'whatever I say is right, everything else is wrong'. This comes from a deep desire that Congress must rule India with Rahul Gandhi as the prime minister, and RJD must rule Bihar with Tejashwi Yadav as the chief minister. This is nothing but lust for power. The people will never hand power to them," he said.
Prasad said people must ask whether such leaders can handle responsibility, asserting that the NDA has won in the past and will continue to do so.
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Supreme Court declines fresh curbs on hate speech, says existing laws are enough
New Delhi: The Supreme Court of India on Wednesday refused to issue additional directions to curb hate speech across the country, holding that the existing legal framework is sufficient and that the real issue lies in implementation rather than absence of law.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta said creation of criminal offences falls within the legislative domain and courts cannot legislate or compel Parliament and state legislatures to enact laws.
The Bench observed that constitutional courts can interpret the law and issue directions for enforcement of fundamental rights, but cannot step into the law-making role.
“At the highest, the court may draw attention to the need for reform. The decision whether and in what manner to legislate remains within the exclusive domain of Parliament and the state legislatures,” the court said.
The court held that the field of hate speech is not legally vacant and said concerns arise mainly from poor enforcement of existing provisions.
It also noted that the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, provides a comprehensive mechanism to set criminal law in motion, meaning there is no legislative vacuum.
Referring to remedies already available under the earlier Code of Criminal Procedure (CrPC) and the BNSS, the court said police are duty-bound to register an FIR when a cognisable offence is disclosed, as laid down in the Lalita Kumari judgment.
It said if police fail to register an FIR, an aggrieved person can approach the Superintendent of Police under Section 154(3) of CrPC or Section 173(4) of BNSS, and thereafter move the magistrate under Section 156(3) CrPC or Section 175 BNSS, or file a private complaint under Section 200 CrPC or Section 223 BNSS.
The Bench further held that an order directing investigation under Section 156(3) CrPC does not amount to taking cognisance under Section 190 CrPC or the corresponding Section 210 of BNSS.
Even while declining fresh directions, the court acknowledged the seriousness of the issue.
It observed that hate speech and rumour-mongering directly affect fraternity, dignity and constitutional order.
The Bench urged legislative authorities to consider whether further policy or legal measures are needed in view of changing social challenges, including suggestions made in the 267th Report of the Law Commission in 2017.
The judgment came in a batch of petitions arising from events dating back to 2020, when multiple pleas were filed over alleged communal narratives spread through television channels and social media.
Among the earliest cases were challenges relating to content described as the “Corona Jihad” campaign and a programme aired by Sudarshan TV titled “UPSC Jihad”. During those proceedings, the court had restrained further telecast of the programme.
Later, more petitions were filed over speeches made at religious gatherings described as “Dharam Sansad” events.
These included pleas moved by journalist Qurban Ali and Major General S.G. Vombatkere seeking action against alleged hate speeches made at such forums.
During the pendency of the matter, the Supreme Court in 2023 had issued major directions asking all states and Union Territories to act proactively in cases involving communal hate speeches or remarks hurting religious sentiments.
It had directed police to register FIRs suo motu, without waiting for formal complaints.
Later, contempt petitions were also filed alleging poor implementation of those earlier directions.
