Maharashtra Congress leader asks ECI to file FIR against PM Modi, Amit Shah, Nadda

Maharashtra Congress files complaint against BJP leaders for threatening to change Constitution, seeks FIR from Election Commission.

Objecting to BJP leaders’ vows to change the Constitution if they won 400 Lok Sabha seats, the Maharashtra State Congress Committee secretary Sandesh Singalkar has filed a complaint with the Election Commission of India (ECI) this week, calling for an FIR to be filed against the ruling party’s top leadership.

Mr. Singalkar said that, in the run-up to the general election held earlier this year, some BJP MPs, candidates, and office-bearers had made public statements claiming that the party needed to win 400 Lok Sabha seats so that it would be able to change the Constitution. “This is a direct threat to the existence of the Constitution of India. But the BJP high command leaders, Prime Minister Narendra Modi, Union Home Minister Amit Shah and BJP President J.P. Nadda have not taken any action, and the statements have not been taken back. This indicates that Mr. Modi, Mr. Shah and Mr. Nadda are supporters of undemocratic thoughts,” he said.

The complaint, filed through advocate Asim Sarode on the evening of November 14, asked the ECI to register a first information report (FIR) under Sections 363 and 49 of the Bharatiya Nyaya Sanhita. “We have filed a complaint to the ECI urging them to register an FIR against PM Modi, Mr. Shah and Mr. Nadda for abetment of the offence committed by BJP MPs: Anant Kumar Hegde from Karnataka, Dharampuri Arvind from Telangana, Arun Govil from Meerut, Lallu Singh from Ayodhya, Jyoti Mirdha from Nagaur in Rajasthan, and Deputy Chief Minister of Rajasthan Divya Kumari,” Mr. Singalkar said. 

He accused the BJP and RSS of destroying the basic structure of the Constitution, sometimes by using their majority in the House, and sometimes by initiating changes in the Constitutional framework through emotion-based appeals to the public at large. “The Constitution does not allow the destruction of the independence of various organisations and institutions of governance. By taking and influencing the functioning of institutions like ECI, Enforcement Directorate, Central Bureau of Investigation, Income Tax Department, National Investigation Agency, Central Pollution control Board etc. the ‘Modi-Shah government’ has created a great dent in their constitutionality and largely destroyed the constitutional intent,” he said. 

The advocate, Mr. Sarode, said that the nation has witnessed Mr. Modi’s attempts to influence the functioning of Supreme Court of India. “The successful attempts of RSS, BJP and some closely connected organisations and some RSS-associated organisations have inserted some lawyers of their ideology as judges at various High Courts and the Supreme Court. Such reports are published in various newspapers and detailed journalistic reports have been published in magazines like Caravan which shows how the BJP ideology is involved in activities against the Constitution,” he added. 

The complaint letter said that the BJP’s ideology, which is drawn from the RSS, is based on hate for equality.

“Article 368 of the Constitution of India deals with the procedure of amending the Constitution. The BJP-led government in its first term had made various changes and under the garb of amendments, the due process established by the Constitution has been disregarded, diluted. For such unconstitutional amendments, various petitions are pending against the BJP-led government before the Supreme Court of India,” the complaint letter said.