Election Commission issues notice to Rahul Gandhi over 'panauti' and 'pickpocket' jibes at PM Modi

The Election Commission of India on November 23 issued a notice to Congress Member of Parliament Rahul Gandhi, seeking a response by November 25, 2023, regarding his recent comments made at a public meeting in Bayatu, District Barmer, Rajasthan.

In a complaint filed by the Bharatiya Janata Party (BJP), Gandhi is accused of making derogatory remarks about Prime Minister Narendra Modi, likening him to a "Jaibkatra" (pickpocket) and using the term "Pannauti" during the public address. The BJP alleges that these statements are not only unbecoming of a senior leader but also in violation of various legal provisions, including Section 123(4) of the Representation of the People Act, Section 171G, 504, 505(2), and 499 of the Indian Penal Code, as well as the Model Code of Conduct.

The Model Code of Conduct, in clause 2 of Part I 'General Conduct,' advises against criticism of other parties or their workers based on unverified allegations or distortion, stating, "Criticism of other parties or their workers based on unverified allegations or distortion shall be avoided."

The notice from the Election Commission cites specific legal provisions and refers to a general advisory dated May 2, 2023, expressing concerns about the declining level of political discourse and urging all political actors to operate within the confines of the Model Code of Conduct and maintain decency in public discourse.

The Election Commission has also drawn attention to various pronouncements by the Supreme Court of India stating the delicate balance between the right to freedom of speech and expression and the right to reputation, which is considered an inextricable part of the right to life protected by Article 21 of the Constitution.