Varun Gandhi does not know his Hinduism, says cousin Priyanka Gandhi, in a first time Gandhi family attack on Varun's alleged communal speech. But while his cousin was unsparing in her attack, Varun found support too. The BJP on Monday came out strongly against the Election Commission (EC) for advising the party not to give Varun a ticket. The BJP questioned the EC's jurisdiction in advising parties on their candidates. The BJP said it stands firmly united behind Varun and that he is their candidate from Pilibhit.
The question that was being asked on CNN-IBN's show Face the Elections was: Should BJP deny Varun Gandhi a ticket to contest elections?
On the panel of experts were MP and Congress Spokesperson Abhishek Manu Singhvi; Rajya Sabha MP and BJP Spokesperson Balbir Punj and senior lawyer Ashok H Desai.
SMS polls at the beginning of the show stood at 62 per cent saying 'Yes' and 38 per cent saying 'No'.
THE AUTHENTICITY OF THE CD
The BJP's aggressive stand appears like an attack on the EC. The EC has advised BJP not to let the candidate contest and this advice carries an enormous amount of weight. There is an argument, therefore, that the BJP should respect the EC's advice.
Balbir Punj started the debate by replying to the above statement. He said that the EC has taken an unprecedented step by advising the BJP not to allow a particular candidate from contesting the Pilibhit seat. "The EC did not give a chance to the accused to come and clarify, it decided by itself in three days. This is not the right way to do things," he said.
The EC perhaps took an unprecedented step because Varun's speech was shocking, and no one before has ever made statements like Varun did.
An article recently stated: "Varun Gandhi has used the language that is so appalling, so violent, so vicious that even a most hardened communalist would blush". Therefore, observers feel the EC was justified in taking such quick steps and in such a scenario, the BJP should be fighting against the alleged hate speech and not against EC.
Balbir Punj said that EC's methodology for accusing Varun is unknown. "Varun Gandhi has repeatedly said that the CD which has been shown on TV channels definitely has his face but it doesn't have his voice," he stated. He emphasised that the investigation was done in three days without any technical assistance to analyse the CD.
If Balbir Punj's point is considered, it appears that that EC has over-stepped its brief and is guilty of interfering in the democratic process.
At this point, Ashok Desai joined the debate and said that the EC very clearly stated that it knows its limitations. "They are conscious of the code of conduct, but this speech diminishes a large number of our fellow citizens. In such a case if the EC is alerting people that such speeches are dangerous, it is nothing unusual," he firmly said. "Varun Gandhi may not only sink himself but also his party," he added.
This, however, is ironical that someone violating the Constitution - if elected - will have to swear on the same Constitution and uphold its values. And if the BJP does not take any stern measure, it could lead to a disaster in the future, giving any politician the right to say anything in the future.
Balbir Punj chipped in saying that Varun Gandhi is only an accused and not guilty and therefore one should not pass judgment against him at this stage.
However, looking at the contents of the CD, nobody would say that it is morphed. BJP is only trying to ignore the matter and not admit that it needs to control the hate speech that emanates from its party. But Balbir Punj was adamant, stating that the BJP was not shying away from the subject. The party, he said, was simply unclear on the authenticity of the source itself.
For those who wanted to know whether the Congress thought in the same way as the BJP - that the EC should have spent more time on analysing the credibility of the CD rather than jumping on to conclusions - Abhishek Manu Singhvi had an answer. He said, "BJP's animosity and non-secular attitude does not even deserve to be projected in national programs. It is too petty and deserves to be ignored."
He added that the more the BJP is advising, the more it is getting into exposing itself. "The EC has itself said that it is just sounding an advisory. The BJP is shamelessly supporting Varun Gandhi. Even a blind man can identify the truth in the CD," he said.
THE MORAL DEBATE
This statement of Singhvi's raised questions on the BJP's morality, its conscience and the politics that the BJP is playing. Assuming that Varun Gandhi has actually said what he has been accused of, then the BJP is endorsing his views by giving him a ticket to contest elections.
Balbir Punj replied to the morality debate saying that BJP would distance itself from Varun Gandhi if he is proven guilty. However, he very clearly stated that at this point in time, looking at the way the investigations have been conducted, it is not right to ask questions for the future.
But one must admit that other political parties have given ticket to candidates who have been accused of murder and other crimes, which means the morality ground holds well to all the parties.
Abhishek Manu Singhvi said that BJP is just playing to the rhetoric and nothing more. He also justified the presence of accused leaders within the Congress stating that they were the sitting MPs and were legally viable to do as per law.
"They are given statutory protection under certain sections of the Constitution, they are sitting MPs," he said defensively.
The BJP and Congress are firm on their stands and going by what BJP said, this seems like a loss of face for the EC that the BJP just did not take its advice. However, Ashok Desai clarified the BJP's stand saying that this was just a recommendation by EC and not an order and the BJP was not bound to follow it.
He also said that both the political parties are at fault. He explained that when their party candidates are convicted or are accused, the parties file for a stay order instead of putting their candidature on hold and waiting for a clean chit.
He also explained that instances of hate speeches occur after filing nominations and that there should be measures to curb such actions before the nominations itself.
This is perhaps the problem that in the political tug-of-war during elections there are no laws to control hate speech. In the end, Desai concluded the debate by saying that perhaps India now needed some political amendments.
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