The Election Commission of India (EC) has asked the Andhra Pradesh state commission to take an immediate action against YSR Congress Party ( YSRCP) chief Y.S. Jaganmohan Reddy over his 'shooting' and 'hanging' remarks on Chief Minister N. Chandrababu Naidu.
In a letter to the state Chief Electoral Officer, Principal Secretary S.K. Rudola said that the commission had gone through the contents of the notice issued to Jaganmohan Reddy by the Returning officer of the Nandyal Assembly constituency for having made the statements which are "provocative", and "intemperate".
The EC stated that Jaganmohan's comments are a 'violation of moral code of conduct', which forbids 'making any statement during election campaign which is connected to a private life of a leader.'
The letter further said that the commission has noted the inflammatory tone and tenor of the statements, particularly the statement.
"Using such abusive and provocative language which has the effect of inciting violence during election speech, amounts to violation of the aforesaid provisions of Model Code of Conduct and hence it is a fit case for reprimanding and issuing a severe warning to Y.S. Jaganmohan Reddy for his conduct and violation of the model code of conduct of the election," the letter added.
The Chief Electoral Officer said that the commission is of the opinion that an F.I.R may be filed against Jaganmohan Reddy under the relevant provisions of IPC, while also adding that the Returning Officer be informed accordingly and a copy of the order be issued and the FIR should be forwarded to the Commission for "record".
Reddy has been accused by the Andhra Pradesh Government and the Telugu Desam Party (TDP) of provoking enmity, through his latest remark on 'shooting Chief Minister Chandrababu Naidu in the middle of the road'.
Drawing upon Section 125 of the Representation of People's Act, 1951, Reddy, who has been in the news for such inflammatory statements in the past as well, is facing flak from the state government and TDP cadets, sources state, along with the State Election Commission.
Apart from this, he is already facing a host of corruption and quid pro quo charges in the Central Bureau of Investigation (CBI) court.
Adding to the plethora of charges against him, an official complaint was filed against Jagan by the Local Returning Officer of Kurnool District by the local TDP leaders.
As per the Representation of People's Act, Section-125, if anyone is trying to provoke enmity between two different groups during elections based on caste, religion, community, group, language, he or she is prone to punishment of up to three years imprisonment or fine or both. As per Indian Penal Code Section 107 - helping in crime, provoking or supporting crime, involving in conspiracy or supporting conspiracy is also considered as crime.
Any person who in connection with election under the aforementioned Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feeing of enmity or hatred, between different classes of the citizens of India shall be punishable, with imprisonment for a term which may extent to three years or with fine or with both.
Furthermore, Section 107 of the Indian Penal Code (IPC) provides that an individual who instigates another individual to do a task, engages with one or more other person or persons in any conspiracy or the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of the thing; or intentionally aids, by any act or illegal omission, the doing of that thing, is also prone to legal action.
On Friday, during his campaign at Nandyal, Jagan spewed an absolute shocker when he said people like CM Naidu should be shot in public.
The above-mentioned statement is: "After watching his cunningness, I feel that Mr. Naidu is like the accused in the court who killed his parents and there is nothing wrong in gunning down such a person on the road."
The State Election Commission had ordered an enquiry against Y.S. Jaganmohan Reddy on 5 August.