Karunanidhi and Varun Gandhi:The myth of equity and equality before Law!

via Courtesy: Vedaprakash published on March 23, 2009





EC action against Varun Gandhi in haste: GVG Krishnamurthy






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: Bharatiya Janata Party’s Uttar Pradesh candidate Varun Gandhi may have sparked off a controversy by his allegedly provocative speeches, but the Election Commission’s action against him has been in haste and beyond jurisdiction, says former election commissioner GVG Krishnamurthy. “The Election Commission has no jurisdiction to take action against Gandhi” for his alleged inflammatory speeches, Krishnamurthy said in an interview. Krishnamurthy says this is because the model electoral code of conduct comes into effect only after President Pratibha Patil notifies the elections in the official gazette. Till then Gandhi cannot be considered an Election Commission recognized candidate. “Till then, there are no official candidates at all,” he added. The presidential notification is expected Monday. Krishnamurthy says the commission has acted in haste in moving against Gandhi for violation of the model code of conduct under the provisions of the Representation of Peoples Act 1951. Only the police can move against him under the Indian Penal Code (IPC) for inciting communal passions, he says. The Election Commission this week issued a notice to Gandhi, the BJP candidate from Pilibhit in Uttar Pradesh, for allegedly making anti-Muslim campaign speeches. A first information report (FIR) has been registered against Gandhi under the Indian criminal laws and under Section 125 of the Representation of the People Act. Krishnamurthy, who has undertaken a detailed study of election laws for 60 years, explained that the Election Commission is authorized to take action under the model code of conduct only against a candidate and a political party recognized by it. “As of now Varun is only a probable candidate and an ordinary citizen against whom action can be taken only under the IPC if he makes inflammatory statements. The Election Commission has no role to play till the notification of elections by the president,” said Krishnamurthy, whose tenure as election commissioner (1994-99) was controversial




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Cases registered against Karunanidhi and pending in different courts


: At the time of May 2006, assembly elections, Karunanidhi aged 82, son of Muthuvelar residing at New no. 15 and Old. No. 8, 4th street, Gopalapuram, Chennai – 600 086, filed an affidavit[9] dated April 17, 2006 before the Election Commission which contains the details of pending cases against him as follows:


Case filed under the Act and violation


Court


Case no


Date on which the Court ordered for enquiry


Any appeal filed against

Under Section 500 and 501 of IPC for blasphemy

5th Additional metropolitan court

CC No.29/2003

16-06-2003

No

Under Section 500 and 501 of IPC for blasphemy

5th Additional metropolitan court

CC No.91/2003

01-12-2003

No

Under Section 500 and 501 of IPC for blasphemy

5th Additional metropolitan court

CC No.5/2004

27-01-2004

No

Under Section 500 and 501 of IPC for blasphemy

5th Additional metropolitan court

CC No.12/2005

10-06-2005

No

Under Section 500 and 501 of IPC for blasphemy

First Metropolitan Court

CC No. 1/2006

06-01-2006

No

Under 295A of IPC for speaking against religion

14th Court

,

Egmore,

Chennai

CC No. 3156/2006

03-03-2006

No

Under Section 5 of TESMA for speaking against the Government emoplyees

The Additional Chief Metropolitan Court,

Egmore,

Chennai

CC No, 15522/2005

16-11-2005

No

Under Section 5 of TESMA for speaking against the Government emoplyees

The Additional Chief Metropolitan Court,

Egmore,

Chennai

CC No, 15523/2005

16-11-2005

No

Under 295A of IPC for speaking against religion

17thMetropolitan Court,

Saidapet,

Chennai.

CC No. 4495/2005

16-06-2005

No



However, he has not been arrested so far, in spite FIRs were filed, cases registered etc.





Where is equity and equality of law in secular India?


When Mohammedans, communists and atheists have been talking nonsense and blaspheming Hindu religion, scriptures etc., none cares. Even Supreme Courts defends them and release them honorably. But when Hindus express their anguish, immediately, they are hounded and charged with all provisions of Acts and Rules. Karunanidhi has made many times anti-Hindu statements. He and his colleagues have talked and written many things blaspheming Hindu Gods, Goddesses and religion, which are available. Nothing happens! Then what sort of Judiciary is there in India? How is that the same Acts, same Rules, same courts have been impartial., biased and prejudiced against Hindus?


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