JAFAR IMAM NAQVI Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) The petitioner, a practising advocate of this Court, as pro bone publico has preferred this writ petition with Article 32 of the Constitution with the following prayers:

(2.) The basic assertions in the petition relate to speeches which have been delivered during the recently finished election campaign by various leaders of certain political parties and how they have the effect potentiality to affect the social harmony. It is urged in the petition that these kind of hate speeches are totally unwarranted and can endanger the safety and security of public at large and undermine the structuralism of democratic body polity. Various examples have been given and certain newspaper clippings have been annexed. In view of what we are going to finally say, we are not inclined to advert to the same.

(3.) The petitioner appearing in person has submitted that in view of such hate speeches by political leaders when the equilibrium of the society is disturbed and there is a possibility of creating a crack in the multi-faceted fabric of the society, it is the constitutional duty of this Court to issue a writ or mandamus to the Election Commission of India to take appropriate steps. That apart, the petitioner-in-person has also made submissions for issue of a mandamus to cancel the recognition of such political parties and also to protect the liberty and safety of the citizens.