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Synopsis

The Delhi High Court has instructed the Election Commission of India (ECI) to initiate appropriate action against Congress leader Rahul Gandhi within eight weeks for referring to Prime Minister Narendra Modi, Home Minister Amit Shah, and businessman Gautam Adani as "pickpockets" during a public speech.

The direction came in response to a plea filed by lawyer Bharat Nagar, seeking action against Gandhi for various public comments.

"One of the specific statements made by Rahul Gandhi is that "a pickpocket" does not move alone but he moves in group of minimum 3 persons, one who is Member of this group comes from the front to divert your attention so that people get disturbed and their attention is diverted that person in India is Prime Minister Narendra Modi, the other person who steals your wallet (Purse Ko Churata Hai) in our country is Adani and the 3" person who is ensuring the entire incident and at times he runs away with your purse and other belongings and who threatens you with Iron Rod so that "pick pocket"or stealing is concluded, is the Home Minister, Amit Shah without any substance and proofs in public domain", the plea read. 

The bench, consisting of Acting Chief Justice Manmohan and Justice Mini Pushkarna, was informed that the ECI had issued a notice to Gandhi regarding the matter but had received no response.

The court commented on the poor taste of Gandhi's remarks and urged the ECI to take suitable action in compliance with the law within the stipulated eight weeks.

While the court refused to order the registration of a criminal case against Gandhi or establish strict guidelines for election speeches, it acknowledged that such speeches may be in "poor taste" but emphasized that aggrieved parties, namely PM Modi, Amit Shah, and Gautam Adani, should take appropriate action.

In his petition, Bharat Nagar referred to Gandhi's speech in Nadbai, Rajasthan, where the Congress leader alleged that PM Modi diverts attention while Gautam Adani picks people's pockets, likening their actions to how pickpockets operate.

Gandhi had commented: “Narendra Modi's work is to divert your attention; he comes from the front, in the TV, from the front. He diverts your attention, tells you to see "Hindu Muslims, demonetization, GST, hang me," and diverts your attention. From the back, Adani comes and picks up your pocket. Amit Shah watches from the other side to see that nobody should get to know; if anybody comes, I will beat up with a baton. So, this is it; the Indian government is running like this,” an English translation of Gandhi’s speech in the petition read.

The court's observations indicated that, while Gandhi's comments were disapproved, electoral results are determined by the people, and the court cannot interfere with the democratic process. The court subsequently disposed of the petition.

Bharat Nagar's plea also raised objections to various other comments made by Rahul Gandhi in public speeches, including allegations against Adani and the BJP leadership.

The plea stated that the allegations made by Rahul Gandhi are without any proofs available in the public domain, and Rahul Gandhi should be asked to prove that Narendra Modi, Amit Shah, and Gautam Adani are "Jeb Katra-Pick Pocket.".

The petitioner emphasized the need for effective guidelines and laws to prevent derogatory and sensational public statements during elections, expressing concern over their potential impact on voters.

Case Title: Bharat Nagar v. Union of India and Ors.