BJP leader seeks actions against Kamal Hasaan for violating MCC

BJP spokesperson Ashwini Kumar Upadhyay has written a letter to the Chief Election Commissioner (CEC), on Monday, seeking actions against actor-turned-politician Kamal Hasaan for violating Model Code of Conduct (MCC).

"Please restrict Mr Kamal Hasaan from campaigning for at least five days, lodge FIR against him under respective sections of the IPC and take appropriate steps to deregister his political party," the letter to the CEC read.

Hasaan, president of Makkal Needhi Maiam, had earlier said at an election rally in Tamil Nadu's Aravakurichi assembly constituency, "I am not saying this because many Muslims are here. I am saying this in front of Mahatma Gandhi's statue. The first terrorist in independent India is a Hindu. His name is Nathuram Godse."

Haasan's comments drew condemnation from leaders of the BJP and Hindu outfits.

The letter accuses Hasaan of trying to "aggravate existing differences" and appealing to "communal feelings for securing votes", leading to a violation of the Model Code of Conduct.

"As per Model Code of Conduct, no party or candidate can indulge in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic. Similarly, there shall be no appeal to caste or communal feelings for securing votes. Hence, Mr Hasaan has violated the Model Code of Conduct," the letter read.

The letter said Hasaan made the statement in front of a Muslim majority crowd for electoral gains, hence making the speech 'a corrupt practice under Section 123(3).'

"It is necessary to state that the statement was made deliberately in the presence of a Muslim majority crowd for electoral gain, which is clearly a corrupt practice under Section 123(3) the Representation of the People Act 1951," the letter read.

"Mr Kamal Hasaan is deliberately promoting enmity between different groups on the grounds of religion and doing acts prejudicial to maintenance of Harmony and brotherhood, which is an offence under Section 153A of the IPC. It is deliberate and malicious acts, intended to outrage religious feelings of the millions of Hindus, which is an offence under Section 295A IPC," it added.

The letter then mentions that ensuring free and fair elections is the duty of the Election Commission (EC) and cites instances from the past where the EC was expected to ensure that where "there is a gap or a vacuum, the powers of the Election Commission could be exercised.