ALL LEGAL REMEDIES BEING SOUGHT AGAINST EC ORDER: AAP
A party release said that the communication of the Election Commission has not conveyed that any criminal case has been registered against Chief Minister Arvind Kejriwal
NEW DELHI: Hours after the Election Commission on Sunday pulled up Delhi Chief Minister and Aam Aadmi Party Convenor Arvind Kejriwal for targeting it and told Goa officials to file an FIR against him for telling voters to take money from other political parties but vote for the AAP, the party said that it has decided to avail all legal remedies available after any order is communicated to the party or comes to notice.
The party said that the communication of the EC has not conveyed that any criminal case has been registered against Kejriwal; rather it is being highlighted that Section 171(B), which defines the offence of bribery in the Indian Penal Code, and its punishment defined under Section 171(E) of IPC, is not only a non-cognisable offence, but is also bailable. Being a non-cognisable offence, no FIR can be registered against Kejriwal for this particular offence.
However, it is being reported in some sections of the media that an order has been passed by the EC for registration of an Fir/complaint. No such order has in fact been communicated to Kejriwal, nor is it available on the website of the EC.
“We further reiterate our stand that the statement of Kejriwal does not amount to any offence what to talk of section 171 (B) and neither it can be taken to be an inducement or abatement for the said offence,” said the party release.
Meanwhile, the Delhi government’s media advisor Nagendar Sharma wondered if it was a mere coincidence that the EC’S reprimand came within 24 hours after Prime Minister Narendra Modi said that the criticism of the poll panel was not acceptable.
“Is Election Commission impartial and independent? One of the Commissioners was Chief Secretary of Gujarat before he retired in 2013,” Sharma tweeted. The tweet was shared by Kejriwal as well.
Notably, the Commission had told the AAP Convener on January 20: “You are therefore, once again directed not to indulge in making any further statement which directly or indirectly instigates the voters to take money or inducement in any form by any party or any person or indulge in any form of Electoral or corrupt practices.
“The Commission will be constrained to take action against you in case it is noticed that you continue to make similar statements in future”.
The Commission had later censured Kejriwal on the same issue. Kejriwal had defended himself saying he was not asking people to vote for the party which gave them money, and thus committing no bribery offence.