The Delhi high court on Thursday asked the Election Commission to take a decision as expeditiously as possible, preferably within eight weeks, on a notice it has issued to Rahul Gandhi for his alleged 'pickpocket' jibe targeting Prime Minister Narendra Modi, saying the statement made by the Congress leader during a speech delivered last month was 'not in good taste'.
A bench headed by Acting Chief Justice Manmohan, while hearing a public interest litigation seeking action against Gandhi as well as formulation of guidelines to prevent such 'malpractice' by political leaders, observed the Election Commission (EC) was examining the matter and has even issued a notice to Gandhi on November 23 seeking his stand and therefore its outcome should be awaited.
"The (EC) notice said action will be taken. (So) let us leave it to them," said the court.
"Considering that deadline for filing reply is over and no reply (from Gandhi) has been received, the court directs EC to decide the matter as expeditiously as possible, preferably within 8 weeks," the bench, also comprising Justice Mini Pushkarna, ordered.
Petitioner Bharat Nagar told the high court that Gandhi made speeches on November 22 at rallies in Rajasthan, levelling 'heinous allegations' against individuals holding 'highest governmental positions', including the prime minister and the home minister.
The former Congress president took the 'pickpocket' dig at Modi during a poll speech, alleging that the prime minister diverts people's attention while industrialist Gautam Adani picks their pockets. This is how pickpockets operate, he had alleged.
The petitioner also objected to certain other statements by Gandhi referring to the prime minister as 'panauti'.
A slang, 'panauti' loosely refers to someone who brings bad luck.
Senior advocates Kirti Uppal and Adish C Aggarwala contended before the court that action should be taken for such 'vilifying speeches during elections' but the EC lacked the power to enforce any strict measures.
"Statement was made alleging that the PM is a pickpocket.. We want that a mechanism should be there to control. EC has no power but to issue notice," Aggarwala said.
The counsel for the poll panel submitted the notice issued to Gandhi was itself a 'censure' in terms of the Model Code of Conduct, which prohibits leaders from making unverified allegations against political rivals, and he was given time till November 25 to respond.
"The notice is warning enough. If required, we will take action," Uppal stated.
The EC had issued a show-cause notice to Gandhi on November 23 for his 'pickpocket' as well as 'panauti' jibes at Modi.
The senior counsel for the petitioner argued there was a need to formulate guidelines to ensure such instances of maligning the 'image of the country' do not recur.
Additional Solicitor General Chetan Sharma, appearing for the Centre, said the 'larger picture' has to be examined to ensure that the 'level of discourse' does not 'plummet further'.
Justice Manmohan observed that Parliament was free to legislate on the issue of framing guidelines and the wisdom of the people should not be doubted.
"In elections, people give results... They (People) are hearing everything. We can only say it is not in good taste. People are hearing on a daily basis. They are giving their verdict," the judge said.
"Union of India can come up (with the relevant law). They don't need us. They will prepare the guidelines," added the court.
The court also said those aggrieved by such utterances also have the remedy of filing a case for defamation.
"Though the statements are not in good taste, yet since the ECI is examining the matter, accordingly the petition is disposed of," the court concluded.
Nagar, a lawyer, said in his petition that EC is 'not teethed with ample powers' to deter political leaders and parties who 'create ruckus and over sensationalise the issues without their being any proof whatsoever and influence the voters with such fake statements and sheer lies'.
'The allegations made by Rahul Gandhi are without there being any proofs available in public domain and Rahul Gandhi should be asked to prove that Narendra Modi, Amit Shah and Gautam Adani are 'Jeb Katra-Pick Pocket',' the PIL said.
