A combative Congress on Tuesday asserted that it will move the high court to seek quashing of the FIR lodged against Rahul Gandhi for alleged violation of the poll code, saying the action was taken at the behest of Chief Minister Mayawati.
"Because of the successful election campaign of the Congress, this action has been taken on the direction of Mayawatiji," Congress general secretary Digvijay Singh told reporters.
"We will go to the high court to get the FIR quashed. I also want to clarify that we haven't received any notice regarding the violation of the Model Code of Conduct," he said.
The FIR was lodged against Rahul by the district authorities, who said his road show in Kanpur had breached the time limit and the route map set by them.
District Magistrate Hari Om said the FIR has been filed against Rahul and city Congress chief Mahesh Dikshit, who have been booked under Section 188 of the Indian Penal Code for violating prohibitory orders (Section 144) imposed in the city and under sections 283 (danger or obstruction in public way) and 290 (public nuisance).
"The district administration had allocated time till noon and fixed a 20-km route for Rahul Gandhi's road show, but he violated it and stretched it beyond the permitted time. He also did not stick to the prescribed route for the event," the DM said.
The DM said the road show organisers had sought permission for a 38-km stretch and they had been informed about the conditions. The district administration had fixed a 20-km route for Rahul Gandhi's road show since Shivratri was being celebrated and there could be traffic problems.
"There has been no violation of the model code of conduct," Singh said, adding, "we have neither received any notice nor has anybody registered any opposition to it. Only the district administration has refuted the opposition's charge that Congress was undermining the authority of the Election Commission".
"I want to clarify that the Congress party respects the esteemed Election Commission. And I want you to recall that whatever rights the poll body has got, it was given during the Congress rule," he said.
In Lucknow, while addressing a press conference, Union Minister Kapil Sibal said the district administration had given permission for the road show on February 17 but had withdrawn it at the last minute on the night of February 19, after all the arrangements had been made.
"Everybody knew about Shivratri. If the district administration was so concerned, it should have acted on time," he said.
Pradesh Congress Committee chief Rita Bahuguna Joshi, who was also part of the road show, denied that there had been any violation of the model code of conduct and accused the district administration of trying to stop Rahul's mass contact programme at the behest of the Mayawati government.
"The party has apprised the Election Commission about the action of the district administration," she said.
Congress spokesman Abhishek Singvi said, "There is no question of any illegality. Legitimate campaigning is a fundamental right."
Gandhi had written to the authorities, stating that he was conducting neither a procession nor a rally in Kanpur, only a 'Jan Sampark' programme.
"After that, a letter was sent today but there was no response from the authorities. Hence, Rahul Gandhi started his mass contact programme. Thereafter, it was not possible to change mid-stream," he said.
