In another affidavit filed in the Supreme Court, Congress MP Sushmita Dev has called out the Election Commission for its "discrimination and arbitrariness" in giving a clean chit to PM Modi for his speeches inter alia in Wardha and Latur (Maharashtra) invoking religion and the Armed Forces, and for the alleged hate speeches delivered by the PM and BJP Chief Amit Shah in Nanded and Nagpur respectively.

It is her grievance that her representations to the ECI in this behalf were belatedly dismissed, that too without disclosing any reason, and though there is dissent by a member in most of these decisions, the dissent reported and given by one of the Election Commissioners is not provided along with the order.

"It may further be noted that the dissent reported and given by one of the Election Commissioners is not provided along with the order. This demonstrates a complete lack of transparency and arbitrariness of the Respondent's decision-making process on complaints against Shri. Modi and Shri. Amit Shah"

Citing a delay of as many as 25, 18 or 19 days in addressing some complaints, it has been indicated out that by the time they came to be resolved, several phases of the General Elections had been completed, rendering the complaints pointless.

Besides, it is sought to be argued that the ECI has initiated action for violation of the Model Code of Conduct and other relevant sections of the Representation of People Act, 1951 against other leaders like Pragya Singh Thakur, Maneka Gandhi, Yogi Adityanath and Mayawati for statements which were similar in tone, tenor, meaning, purport and intention to Modi and Shah's statements, banning the former from campaigning for as many as 3 days.

"The ECI failed to appreciate that the hate speeches delivered by the Prime Minister, Mr. NarendraModi and Mr. Amit Shah are'corrupt practices' under Section 123A of the Representation of People Act, 1951 which ex-facie promote feelings of enmity and hatred between different classes of the citizens of India on grounds of religion. Further, it is also imperative to note that the said speeches are also punishable under Section 153A of the Indian Penal Code, 1860 as they blatantly promote disharmony and feelings of enmity on the grounds of religion and such acts are also likely to prejudice the maintenance of public harmony and tranquility between religious communities", it is submitted.

Finally, Dev has taken objection to PM Modi, "in an act unbecoming of the high office he holds, making unprecedented obscene/derogatory remarks, in a speech on 06.05.2019, by referring to present Congress President ShriRahul Gandhi's late father and former Prime Minster of India Shri Rajiv Gandhi,in Pratapgarh, Uttar Pradesh"- "Your father may have been declared Mr. Clean by his courtiers. But he died as "Bhrashtachari No.1". This arrogance will destroy you. This country forgives mistakes but never betrayal"

Directing the Election Commission to place on record its orders exonerating the PM and Shah for some speeches made during the election campaigning, the Supreme Court had on Monday agreed to consider tomorrow Dev's plea for appropriate action against them in that behalf.

The Election Commission has disposed off as many as 11 complaints against the Prime Minister and BJP President Shah alleging model code of conduct violations, finding no fault with the duo.

Offence was taken at certain statements of PM Modi, including a comment made in Hindi in Wardha on April 1- "How can the Congress be forgiven for insulting the Hindus in front of the world? Weren't you hurt when you heard the word 'Hindu terror'? How can a community known for peace, brotherhood and harmony be linked with terrorism? In the thousand years of history, not a single incident shows an act of Hindu terrorism. Even the British historians could never find it".

And a few by Shah, such as "Rahul had defamed the Hindu religion all over the world. Even the court has stated that there is nothing like Hindu terror" and "Rahul should apologize for defaming the Hindu religion by linking it to terror"