On 06.05.2024, a delegation of concerned citizens and members of various civil society organisations met the Chief Election Officer, Karnataka to file a complaint against Bharatiya Janata Party, Karnataka. The complaint demanded action against BJP Karnataka for violation of Representation of People’s Act. 1951, Model Code of Contact (MCC) and sections 153A, 505 (1) (c )  and 505 (2) by spreading fake news and hate speech through their X handle and through newspaper advertisements. 

The video posted on the BJP Karnataka X handle  clearly implies that the Muslim community is “eating” all the funds at the cost of other communities, and that the Muslim community is pushing out the other communities. The very manner in which the Muslim community is portrayed as being “bad” is a shocking and blatant attack against the community.Similarly the advertisement spreads fake news that Muslims are being given reservation on the basis of religion, when they are given reservations for being a member of a socially and educationally backward class as per Article 15(4) of the constitution. 

It further stated that BJP Karnataka, in putting out the video and the advertisement had violated Section 123 (3A) of the Representation of People’s Act, 1951 by seeking votes on the ground of religion. By attempting to promote hatred among the Muslim and SC/ST/OBC communities, their actions also attracted IPC sections 153(A)1(a), IPC 505(2).The video is in clear violation of the Model Code of Conduct for the Lok Sabha elections 2024 as contained in the Handbook for Candidates Edition 2023 issued by the Election Commission of India and the Compendium of Instructions on the Model Code of Conduct 2024. 

The delegation urged the Chief Election Officer, Karnataka to exercise their authority under Article 324 of the Indian Constitution and immediately initiate the following measures:

1. Immediately file an FIR against BJP Karnataka Social Media In-charge; JP Nadda, BJP National President; Amit Malaviya, BJP National Social Media In-charge and BY Vijayendra, State President BJP Karnataka. 

2. Direct that the BJP Karnataka X handle not be permitted to post for a minimum of 48 hours. 

3. Direct the BJP Karnataka to immediately delete the aforementioned post on their X handle. 

4. Take strict action against BJP’s star campaigner, Mr. Narendra Modi, and ban him from campaigning for 48 hours with respect to the aforementioned newspaper advertisement. 

5. Direct the BJP Karnataka to issue an apology forthwith with regard to the false claims made in the newspaper advertisement on 05.05.2024. Further, direct that the apology be of the same size as the advertisement. 

It is important to note that the Election Commission has promptly initiated action against the KC Rao, President of the Bharatha Rashtra Samiti (https://elections24.eci.gov.in/docs/AhtgLNsZsm.pdf )  and Congress leader Randeep Surjewala  ( https://elections24.eci.gov.in/docs/U4pbNwetPL.pdf ) for similar violations. The delegation urged the Election Commission to be equally prompt and strict with the violations committed by the Karnataka Bharatiya Janata Party as well. 

The CEO, Karnataka informed the delegation that an FIR has already been filed in the matter and the Commission was working with X to bring the video down. 

Representatives from Bahutva Karnataka, All India Lawyers Association for Justice (AILAJ), Campaign Against Hate Speech (CAHS), All India Democratic Women’s Association (AIDWA),  Naaveddu Nilladiddare, People’s Union for Civil Liberties (PUCL), were part of the delegation. 

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New Delhi (PTI): Highlighting that a high acquittal rate of death row convicts by the Supreme Court and high courts demonstrates a pattern of "erroneous or unjustified convictions", a study of 10 years of death penalty data has revealed that the top court did not confirm any death sentences in recent years.

The study by Square Circle Clinic, a criminal laws advocacy group with the NALSAR University of Law in Hyderabad, found that an overwhelming majority of death sentences imposed by trial courts did not withstand scrutiny at higher judicial levels. Acquittals far outnumbered confirmations at both the high courts and Supreme Court levels.

According to the report, the trial courts across India awarded 1,310 death sentences in 822 cases between 2016 and 2025. High courts considered 842 of these sentences in confirmation proceedings but upheld only 70 or 8.31 per cent.

In contrast, 258 death sentences (30.64 per cent) resulted in acquittals. The study noted that the acquittal rate at the high court level was nearly four times the confirmation rate.

Data showed that of the 70 death sentences confirmed by high courts, the Supreme Court decided 38 and did not uphold a single one. The apex court has confirmed no death sentences between 2023 and 2025.

"Wrongful or erroneous or unjustified convictions, then, are not random or freak accidents in the Indian criminal justice system. The data indicates they are a persistent and serious systemic concern," the report said.

Over the last decade, high courts adjudicated 1,085 death sentences in 647 cases, confirming only 106 (9.77 per cent). During this period, 326 persons in 191 cases, were acquitted.

The report attributed low confirmation rates to the appellate judiciary’s concerns regarding failures in due process. "This coincides with increased Supreme Court scrutiny of safeguards at the sentencing stage," the report said.

Of the 153 death sentences decided by the apex court over the last decade, the accused were acquitted in 38 cases. In 2025 alone, high courts overturned death sentences into acquittals in 22 out of 85 cases (over 25 per cent). The same year, Supreme Court acquitted accused persons in more than half of the death penalty cases it decided (10 out of 19), the report said.

The study highlighted that 364 persons who were ultimately acquitted "should not even have been convicted and unjustifiably suffered the trauma of death row". It added that such failures extend beyond adjudication and reflect serious lapses in investigation and prosecution.

The question of remedies for wrongful convictions remains pending before the Supreme Court. In September 2025, three persons acquitted by the apex court filed writ petitions seeking compensation from the state and argued that their wrongful convictions violated their fundamental right to life and liberty under Article 21 of the Constitution.

"In 2022, the Supreme Court crystallised a sentencing process in Manoj v. State of Madhya Pradesh , and mandated all courts to follow those guidelines before imposing or confirming a death sentence," the report read.

In 2025, the apex court held in Vasanta Sampat Dupare v. Union of India that death penalty sentencing hearings form part of the right to a fair trial and stressed that capital punishment can be imposed only after a constitutionally compliant sentencing process.

"However, even at the high courts whether the process mandated under Manoj is being complied with is in doubt,” the report said.