No power to act on complaint: EC on BJP CD case
New Delhi: The Election Commission of India
on Tuesday informed the Delhi High Court that investigation into
Bharatiya Janata Party`s controversial CD with alleged
communal content during Uttar Pradesh assembly election in
2007 is on and at this stage it has no power to act upon any
Appearing for the Commission, counsel Pankaj Chopra
submitted before Justice S Muralidhar that ECI has received
information from the Home Department of Uttar Pradesh
government that the probe into the entire episode has been
going on and no challan was filed so far against any party
EC`s submission came in response to the notice on a
petition seeking a direction to ECI for cancellation of BJP`s
`lotus` symbol on the ground that the party had used a CD with
communal content during the assembly election in 2007.
The Court was hearing a petition filed by Hansraj Jain, a
social activist who had contested the Lok Sabha elections in
1989 and 1991 as an independent candidate from East Delhi
Claiming that through the application under the Right To
Information (RTI) Act the Commission had in June said it has
not taken a final decision on the issue against the party as
the investigation by CBI was yet to completed.
According to the petitioner, in April 2007 during
assembly election in Uttar Pradesh BJP had used a CD
containing Godhra incidents and the state-wide riots that
followed in 2002 with an intention to create communal
Both the local administration and EC had filed two
separate police complaints in the CD case and the Commission
had pointedly accused former BJP President Rajnath Singh and
state party veteran Lalji Tandon who had released the CD as
part of the campaign process, the petitioner said.
Several years have passed and no action has been taken
against the leaders and the party for such offence leading to
communal disharmony, the petitioner added.
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