Judges Vikram Nath and Satish Chandra Sharma’s bench declined to consider the petitions, arguing that the courts shouldn’t become involved in such cases.

On Tuesday, the Supreme Court denied two petitions that asked the Election Commission of India (ECI) to take action against alleged hate speech made by political campaigners during the current general elections in 2024. The petitions targeted Prime Minister Narendra Modi and leaders of the Bharatiya Janata Party (BJP).

The applications were turned down by a bench of justices Vikram Nath and Satish Chandra Sharma, who stated that the courts should not become involved in such cases.

“We have no desire to become involved. Article 32 (writ jurisdiction) prohibits us from giving such instructions. The judge abruptly halted the pleas that had been taken out of turn when the petitioners’ attorneys asked for an expedited hearing, declaring, “The petitions are dismissed.”

Additionally, the bench denied a request made by the petitioners’ attorney to be allowed to approach the relevant authorities or to state that the petitions were not being considered at this time. “We won’t give anything or any liberty. The bench instructed the attorneys to do it.

Under the Representation of the People Act, Fatima (who goes by one name) filed a writ suit demanding that PM Modi be disqualified from office due to his alleged “hate speech.” According to the petition, the PM must also face urgent consequences from the ECI for breaking the Model Code of Conduct (MCC).

In her plea, Fatima mentions an event that happened on April 21, 2024, during which Prime Minister Modi is said to have said something at an election rally in Banswara, Rajasthan, that might promote animosity amongst religious communities and jeopardise the unity and integrity of the country. The petition said, “Over the last 30 days, a number of organisations and individuals have filed complaints with the ECI, but no meaningful action has been taken against PM Modi to date.”

The appeal also referenced an event that occurred on April 9, 2024, in Pilibhit, Uttar Pradesh, whereby Prime Minister Modi purportedly took credit for constructing a Hindu temple and implored the electorate to endorse his political party by referencing Sikh and Hindu deities and places of worship.

The other petition asked for instructions for ECI to take action against hate remarks made by political campaigns. It was jointly submitted by former IIM Dean Trilochan Sastry and bureaucrat EAS Sarma.

This petition focused on remarks made by Union Minister Anurag Singh Thakur on April 27, 2024, and Prime Minister Modi on April 21, 2024, which were accused of demonising and stereotyping the Muslim people. The petition chastised the ECI for treating these breaches of the Model Code of Conduct so lightly. Sanjay Hegde, a senior attorney, entered this plea.

The Delhi High Court has demonstrated that it cannot oversee the operations of the ECI by dismissing at least two petitions calling for punishment against Prime Minister Modi for allegedly making hateful remarks during election campaigns.

According to the high court’s petitions, Prime Minister Modi’s remarks during the election campaigns were divisive and in violation of the Model Code of Conduct. But in its decision, the high court highlighted the independence and discretion granted to the ECI, emphasising that the court does not have the authority to direct the ECI on how to carry out its responsibilities.

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On Monday, the Delhi chief minister Arvind Kejriwal’s detention in the excise policy issue led to a plea that the Supreme Court dismissed. The top court stated that while it is an issue of propriety, Arvind Kejriwal’s dismissal as chief minister after his incarceration is not legally permissible.

The Delhi Lieutenant Governor, VK Saxena, is free to take action if he so chooses, but “we will not interfere,” according to the bench of Justices Sanjiv Khanna and Dipankar Datta. The Delhi High Court petitioner was not the same as the one who sought the Supreme Court, as the bench further noted with reference to Kant Bhati.

“What’s the right legally? Why should we discuss any of this? You may have a point about appropriateness, but you have no legal authority to make it. Judge Khanna was cited by Live Law as telling the petitioner, “Let the LG take action if he wants to…we are not inclined.”

“We have no desire to tamper with the contested decision. The bench pronounced the decision, saying, “The Special Leave Petition is dismissed.”

The Delhi High Court dismissed the Public Interest Litigation on April 10th, citing publicity-seeking motives and imposed a ₹50,000 fee. It was seen that the petitioner continued with the case even though he was aware of three court judgements rejecting the same pleas.

The Supreme Court’s decision comes days after it granted Arvind Kejriwal temporary release on Friday of last week so he may campaign in the Lok Sabha elections of 2024 until June 1 because the issue of the legality of his arrest was still being investigated.

Arvind Kejriwal’s bail has been conditioned on his surrender on June 2 and his inability to attend the chief minister’s office or the Delhi secretariat, according to a panel of Justices Sanjiv Khanna and Dipankar Datta.

“Power to grant interim bail is commonly exercised in a number of cases,” the court declared. Depending on the specifics of each case, interim bail is granted. This instance is not unique.

The Aam Aadmi Party, which is running in coalition with the Congress for all four seats in Delhi and all of Punjab’s seats, saw a significant lift in support from the order.

The AAP’s national convenor, Arvind Kejriwal, was taken into custody on 21 March in connection with the Deljhi liquor policy fraud. He has contested the Enforcement Directorate’s legality of his arrest.

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Revanth Reddy, the chief minister of Telangana, became the latest leader of the Congress party and the opposition to cast doubt on the legitimacy of the Indian Air Force’s (IAF) operation on Pakistani territory in February 2019 when he questioned the validity of the Balakot airstrikes on Friday.

“It’s unclear whether the airstrike actually occurred as reported. At a news conference, Reddy stated, “If it was our (Congress’) responsibility to ensure the nation’s internal security, we wouldn’t have left it in anyone’s hands.”

The head of the Congress party charged that Prime Minister Modi and the BJP were attempting to get “political benefits” from the attack on Pulwama and the IAF’s retaliation strikes.

“May I inquire what you were doing, PM? Why did you allow the attack on Pulwama to occur? What steps did you take to strengthen internal security in the nation? Why didn’t you enlist the aid of organisations like the IB and R&AW that were at your disposal? You were the one who failed,” he yelled.

The chief minister of Telangana then urged voters to unseat the Modi administration in the current Lok Sabha elections.

“Winning elections is the only thing that matters to Modi. His kind of thinking is detrimental to the nation. The nation needs to rid itself of Modi and the BJP at this point. They were unable to stop the incident in Pulwama. What was going on at the Intelligence Bureau? Reddy enquired.

On February 14, 2019, a Jaish-e-Mohammed suicide bomber crashed an IED-laden car into a Central Reserve Police Force (CRPF) bus, resulting in the Pulwama incident. IAF fighter planes destroyed a Jaish stronghold in Balakot, Pakistan, on February 26, killing a significant number of terrorists and damaging their infrastructure.

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