The Election Commission today served a notice to Gujarat Chief Minister Narendra Modi over his justification for the 2005 fake encounter of Sohrabuddin Sheikh, asking him to reply by Saturday morning.
New Delhi, Dec 6 : The Election Commission today served a notice to Gujarat Chief Minister Narendra Modi over his justification for the 2005 fake encounter of Sohrabuddin Sheikh, asking him to reply by Saturday morning.
The Commission held prima facie that Modi's references to late Sohrabuddin and linking his name to terrorism, in the speech during an election rally, amounted to indulging in activities, which may aggravate existing differences, creating mutual hatred and causing tension between different communities.
The EC said that Modi's speech involved violations of the Model Code of Conduct, which bars any party or candidate from indulging in any activity, which might aggravate hatred and tension between different castes and communities, religious or linguistic.
The notice was issued after the full Commission headed by Chief Election Commissioner N Gopalaswamy considered the various inputs and the complaint and has viewed the video recording of the speech, the EC said.
A complaint has also been filed by social activist Teesta Setalvad alleging that the speech amounted to "an open exhortation to violence and misuse of religion for political ends."
At an election rally in Jamnagar District on December 4, Modi had admitted that Sohrabuddin Sheikh's encounter did happen in Gujarat.
"Yes, Sohrabuddin's encounter happened in Gujarat and If Sonia Gandhi (India's ruling United Progressive Alliance Chief) wants she can hang me for this," said Modi.
The Congress on Thursday filed a complaint with the Election Commission against Modi for his statement on a sub-judice case.
"The Sohrabuddin case is under the jurisdiction of the Supreme Court and we can't talk about it. The Chief Minister knows who the authority is to confer punishment in such cases. He is trying to mislead the people," All India Congress Committee General Secretary B K Hariprasad said.
Meanwhile, Modi's counsel in the Supreme Court, K.T.S. Tulsi has sought an apology from the Chief Minister for his improper statement.
"I want an explanation from Narendra Modi. Politics is not connected to laws and court. The politics he has tried to play here is not right and he should apologise," Tulsi said.
Echoing Tulsi, Union Science and Technology Minister Kapil Sibal said any lawyer will find it difficult to defend the State Government and the Chief Minister in such a case.
"Any Chief Minister who congratulates and says what was done was right will be hard to defend for any lawyer," Sibal said.
Sohrabuddin Sheikh, was reportedly gunned down on November 26, 2005 after being branded a Lashkar-e-Toiba militant by the Gujarat Police, allegedly trying to hatch a conspiracy to kill Gujarat Chief Minister Narendra Modi. The cops also allegedly killed Sohrabuddin's wife, Kausar Bi.
On the Supreme Court's directive, the Gujarat Government had constituted a CID team under IGP Geetha Johri to investigate the case.
On November 13, an Ahmedabad court had rejected the bail petitions of IPS officer D G Vanzara, and six others, who are the prime suspects in the 2005 Sohrabbudin Sheikh fake encounter case.
Two IPS officers of Gujarat Police-- Vanzara and Rajkumar Pandyan-- and one of Rajasthan Police-- Dinesh Kumar- allegedly executed the encounter in November 2005.
ANI