BJP's Delhi Assembly candidate Kapil Mishra has run into trouble with the Election Commission on Friday directing Delhi Police to file an FIR for his controversial tweet likening Assembly polls to a “battle between India and Pakistan” and asking Twitter to take it down from the social media platform.
The EC felt the remarks were "highly objectionable” and amounted to “appealing to communal feelings”, as it also issued a show cause notice to him seeking his explanation on a series of tweets on Thursday when he cast aspersions on anti-CAA protests in Shaheen Bagh saying Pakistan has made its entry in Delhi among others.
The actions came as the poll body cited violation of provisions of Model Code of Conduct and Representation of Peoples Act, 1951.
Mishra, a former AAP MLA who is contesting from Model Town seat, said he had not said anything wrong. “Speaking truth is not a crime in this country. I spoke the truth. I stand by my statement,” he told reporters.
In his reply to the EC show-cause notice, he said he has only given a general opinion on the issue, which is not in his constituency and have national relevance, and not by way of any rally or speech and it should not be considered as “election-related statements”.
Seeking to depict the Shaheen Bagh protests as one by Muslims, he referred to Delhi Deputy Chief Minister Manish Sisodia's remark that he stood by the protesters and claimed it was a “blatant attempt to derive political mileage from a prevailing law and order situation purely on religious lines”.
Mishra claimed in the letter that he has not named any caste, community, religion or linguistic group.
“Neither have I intended to aggravate any differences to gain any electoral benefit...My statement must be seen in the context of Pakistan's attempt at sending their proxies to take undue advantage of a prevailing law and order situation in Delhi,” he said.
On Thursday, Mishra tweeted, "Pakistan has made its entry in Shaheen Bagh. Small, small Pakistans are being created in Delhi. The country's law is not accepted in Shaheen Bagh, Chand Bagh and Inderlok. Pakistani rioters have occupied the Delhi streets," Mishra had tweeted.
In another tweet, he also said, "India vs Pakistan 8th February Delhi. There will a contest on Delhi Roads between India and Pakistan on February 8." He also alleged that Congress and AAP have created "mini-Pakistan" and in response to this, India will stand up to them on February 8.
Firstly, Returning Officer Banbari Lal issued the show-cause notice on Thursday after taking cognizance of media reports and social media posts about his tweets, saying that his comments were "deemed to be violation" of provisions of the Model Code of Conduct and Representation of Peoples Act, 1951. This was followed by a communication to the Twitter to remove the post and a direction to Delhi Police to file an FIR.
In his notice, the Returning Officer cited Clause 1(1) of Model Code of Conduct, which said, "no party or candidate shall include in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religions or linguistic".
Section 123(3A) of the Representation of Peoples Act, 1951 said, "the promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate."
In a press conference on Thursday, BJP leaders Vijay Goel and Sambit Patra had described Shaheen Bagh as "Shame Bagh" where agitators are "defaming the country for earning Rs 500 each". They also accused the AAP and Congress of playing politics to garner "votes of a particular community".
Patra had claimed the protesters at Shaheen Bagh are defaming the country for earning 500 rupees each.
"People of the country are being poisoned against Hindus and this is very painful. In Shaheen Bagh, posters are being pasted with the caption 'Hum Dekhenge' (We will see), Kejriwal if you say Hum Dekhenge', then we will also see how your nefarious designs succeed. The people of Delhi are ready to give a befitting reply to the persons who are misleading the people by the politics of appeasement," Patra was quoted in a statement issued by Delhi BJP.