Delhi HC disposes of PIL against AAP over 'Political Spam Calls', vilifying material; notes ECI's action

New Delhi [India], January 29 (ANI): The Delhi High Court on Wednesday disposed of a PIL accusing the Aam Aadmi Party (AAP) of making "political spam calls" about freebies and distributing vilifying material during the Assembly elections, noting that the Election Commission of India (ECI) had already taken cognizance of the petition and instructed the Chief Election Officer to investigate.
A division bench, led by Chief Justice Devendra Kumar Upadhyay, observed that the State Election Officer and District Electoral Officers are fully empowered and duty-bound to monitor and prevent any materials or messages that could vitiate the election process.
The court acknowledged the complainant's grievance and noted that appropriate action would be taken based on the report submitted by the State Electoral Officers.
Meanwhile, the Court rejected the request for postponing the elections, stating that no valid grounds had been presented. It expressed confidence that necessary action would be taken to ensure political parties and candidates refrain from circulating any material that could undermine the integrity of the elections.
Advocate Sidhant Kumar, appearing for the Election Commission of India (ECI), informed the bench that the petitioner's complaint had been taken cognizance of, and a letter had been sent to the Chief Election Officer to investigate the matter. He also handed over a handbook outlining specific considerations to be taken into account during the inquiry.
A Public Interest Litigation (PIL) filed by Dhrone Diwan, Kashish Dhawan, and Arshia Jain, in the Delhi High Court, highlighted the "alarming situation" in the public domain since the notification for the Delhi state legislative assembly elections. The petition alleges that the public domain is inundated with spam calls from various organizations and political parties promoting their campaigns, thereby infringing on citizens' Right to Privacy, which is protected under Article 21 of the Indian Constitution.
Additionally, the plea also sought directions to the Aam Aadmi Party (AAP) to stop the dissemination of vilifying material in the public domain, which is creating a negative influence on voters and undermining the democratic process.
The PIL stated that these calls, "orchestrated with the intent to spread hatred, bias, and malicious content," have not only harmed the reputation of political parties but also "violated the public's right to make an unbiased choice" in electing their representatives.
The plea further highlights that the spam calls promote the agenda of a specific political party, urging the public to vote for them in exchange for promised freebies. The calls allegedly warn that if the opposition wins, these benefits will be withdrawn, creating public animosity and prejudice. Such material, the petition states, has the potential to tarnish the image of rival parties and manipulate public opinion, ultimately compromising the democratic process by influencing voters' decisions in a biased and unfair manner.
The plea stated that the public is facing a "clear breach of their privacy rights", with their personal information being exploited to serve the interests of certain political organizations. "These parties, the petition asserts, are flouting the law and positioning themselves above the Constitution of India, disregarding citizens' fundamental rights in pursuit of their own political agendas," it stated. (ANI)