New Delhi, May 15 (UNI) A division bench of the Delhi High Court, on Wednesday, declined, on grounds of jurisdiction, to entertain a Public Interest Litigation against film star-turned-politician Kamal Hassan's comment at a rally about Father of the Nation Mahatma Gandhi's assassin being the first Hindu terrorist.
The PIL had sought directions to the Election Commission to restrict misuse of religion for poll gains.
A bench of Justices G S Sistani and Jyoti Singh said the cause of action for the PIL by Bharatiya Janata Party leader Ashwini Upadhyay was the remarks by Hassan which were made outside the jurisdiction of the High Court here. So, it was unable to hear the PIL.
The High Court, however, directed the Election Commission to expeditiously decide the representation made by Mr Upadhyay against the remark which had allegedly deliberately promoted enmity between different groups on the grounds of religion which was an offence under section 153A of the Indian Penal Code.
Makkal Needhi Maiam president Kamal Haasan was alleged to have made the comment at a rally for his party candidate on Sunday.
Tamil Nadu's Aravakurichi Assembly constituency will go to the polls on May 19, Sunday.
Mr Upadhyay sought debarring of candidates and deregistration of parties that "misuse" religion for electoral gains, clearly a corrupt practice under the Representation of the People Act.
He contended that as per the Model Code of Conduct no party or candidate may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic. Despite the, Mr Upadhyay added, alleged misuse of religion for electoral gain by Kamal Hassan, the Election Commission had turned a Nelson's eye.
UNI XC RP1749