In an unprecedented move, the Election Commission of India on Wednesday ordered filing of FIRs against TV channels for telecasting an interview of Congress president-elect Rahul Gandhi ahead of the second phase of Gujarat Assembly polls. The EC also served a show-cause notice on Rahul asking him to explain why action should not be initiated against him for violating the Model Code of Conduct. Rahul has been given time till December 18 to file his response. The EC has directed all channels not to telecast Rahul’s interview.
Stung by the EC’s fiat, the Congress accused the EC of “double standards” and demanded an FIR against Prime Minister Narendra Modi for using the FICCI platform to attack the Congress on the eve of the polls.
Congress leader Anand Sharma alleged that the FICCI meeting was advanced at the behest of the Government to give Modi a platform to send a political message aimed at Gujarat polls.
A Congress delegation led by Ashok Gehlot met the EC and submitted a memorandum demanding immediate registration of FIRs against BJP leaders for violating the Model Code of Conduct.
“If FIR against news channels for showing interview of Congress president, why no FIR against PM, FM, Union Minister & BJP president on this groundIJ Are these not double standardsIJ let there be accountability,” tweeted senior party leader Randeep Surjewala.
He asked if Modi’s using the FICCI platform to attack Congress was not violation of Model Code of Conduct, how could Rahul’s interview beIJ He also referred to the BJP releasing its manifesto a day ahead of the first phase of polling in Gujarat on December 9.
Surjewala also alleged that the action against five TV channels was meant to suppress the voice of the media.
“In 2014 elections, Modiji even showed the BJP symbol on voting day but the EC didn’t act. The BJP held a Press conference just before the first phase of the Gujarat election. These double standards won’t work and the first FIR should be filed against PM Modi and other BJP leaders, instead of the Press,” he charged.
The EC termed the telecast of Rahul’s interview as “display of election matter” in violation of the 48-hour ban in force for Phase-2 polling. “Such display falls within the definition of ‘election matter’ under Section 126(3) of the Representation of the People Act, 1951 and display of such election matter within 48 hours ending with hour fixed for conclusion of poll in the poll-going areas, amounts to violation of Section 126(1)(b) of the Representation of the People Act,” the EC said.
“The Commission after due deliberations has, therefore, directed the chief electoral officer of Gujarat to initiate necessary action by filing FIR against those who have violated the above mentioned provisions in Phase 2 districts in Gujarat going to poll tomorrow, i.e., December 14, 2017”.
Earlier, the BJP and the Congress were locked in a war of words over the interview. As a controversy erupted after several Gujarati news channels started airing the interviews, the BJP alleged he has turned so “desperate” fearing defeat in the Gujarat polls that he “violated” the Model Code of Conduct to giving the media interviews a day before the second and final phase of the elections.
The Congress on its part accused Chief Minister Vijay Rupani and others of threatening journalists for airing Rahul Gandhi’s interview and urged the Election Commission for action against them including registration of cases.
Chief Electoral Officer of Gujarat BB Swain told reporters in Gandhinagar that a report will be submitted to the Election Commission of India. While the BJP claimed that airing of interviews on Wednesday was a “clear violation” of the poll code, Swain said the rules and guidelines which prohibit campaigning in the 48-hour period before the end of polling do not amount to a “gag order”.
“There are rules and guidelines which ban broadcasting of certain election-related content on TV during 48 hours... But we cannot call it a gag order.
“We filed three complaints, through e-mail, with the EC as well as the Gujarat Chief Electoral Officer, yesterday and today, as we came to know yesterday itself that such interviews will be aired today. Though we sought immediate action, the interviews went on air,” said a State BJP leader.
As Gandhi spoke about Gujarat in these interviews, it was a clear violation of the Section 126, he alleged.
“Congress is so scared and Rahul Gandhi is desperate to save his face. That is why he violated the Model Code of Conduct and gave interviews. We don’t think such interviews are allowed in the 48 hours prior to polls. We have never given such interviews,” Union Minister Piyush Goyal told a Press conference in Delhi.