Harendra Kumar Singh, an advocate of Ranchi filed a criminal case against Prime Minister Narendra Modi and Union Home Minister Amit Shah for cheating and acting in contravention of Representation of People’s Act. It was alleged that BJP Party has failed to honour the Election Manifesto of depositing 15 Lakhs in every person’s Bank Account if the party comes to power in 2014. But the Ranchi District Court questioned the Jurisdiction of the Court and why the party did not make a complaint earlier. The case was adjourned to March 2, 2020.
A District Court in Ranchi on Tuesday heard a criminal case filed against Prime Minister Narendra Modi and Union Home Minister Amit Shah. The case was heard by Judicial Magistrate Ajay Kumar Guria. The case has been filed accusing the Prime Minister and Union Home Minister of dishonesty and cheating by promising to pay Rs. 15 lakh in every person’s bank account if they come to power, back in 2014. The complaint was filed with charges under Section 415 and 420 of the Indian Penal Code, and Section 123(b) of the Representation of People’s Act.
The Complaint and the Complainant
The complaint was filed by an advocate, Harendra Kumar Singh of Ranchi. In the complaint Singh claimed that unfulfilled promise to deposit the amount of Rs. 15 lakh amount to offence of cheating under Section 415 of the Indian Penal Code and a violation of Section 123(b) of the Representation of People’s Act. Singh claims that the Bharatiya Janata Party (BJP) had promised to pay a sum of Rs. 15 lakh in the account of every Indian in its manifesto for the 2014 elections, but in fact there has been no such promise made in the manifesto.
Key Features
- Court asked why the Ranchi Court will have jurisdiction over the matter, and why didn’t he file a complaint earlier.
- The Court has adjourned the case and the matter will be next heard on March 2nd.
The Arguments and the Courts order
The argument made by Singh is that, the BJP while bringing the CAA said that it is doing so because they had promised for the same in their 2019 election manifesto. Singh said if the BJP are willing to fulfill this promise why can’t it fulfill the promise it made during the 2014 election of adding Rs. 15 lakh in the account of every Indian. According to Singh the BJP brought the CAA because it was promised in the 2019 election manifesto of the party. Singh said, “Why was the promise on CAA delivered but the promise on crediting Rs 15 lakh in each person’s account, a promise made in BJP manifesto, not honoured?”
Singh argued that false promises cannot be made to seek votes. The same has been provided for in the Representation of People’s Act; hence the false promise made by the BJP during the 2014 Lok Sabha election will amount to violation of the Representation of People’s Act. He further submitted that BJP will also be liable under Section 415 and 420 of the Indian Penal Code. Singh is of the opinion that leaders cannot have double standards, if they can deliver the promise of CAA, they should also deliver on the promise to pay Rs. 15 lakh.
The Court after hearing the matter asked Singh how the District Court in Ranchi will have jurisdiction over the matter. Further, they also asked Singh why he didn’t approach the court back in 2014, when the promise to pay Rs. 15 lakh was made by the BJP. It is however important to note that no such promise was there in the manifesto of the party during the 2014 election. The court adjourned the matter and the next hearing will take place on 2nd March.
Edited by J. Madonna Jephi
Approved & Published – Sakshi Raje
Reference
1. Bar and Bench, https://www.barandbench.com/news/ranchi-lawyer-files-case-against-pm-narendra-modi-amit-shah-over-rs-15-lakh-promise-case-adjourned-to-march-2 (last visited 5th February 2020, 12:51 PM)
2. India Today, https://www.indiatoday.in/india/story/pm-narendra-modi-amit-shah-case-ranchi-court-election-promise-1642942-2020-02-03 (last visited 5th February 2020, 12:51 PM)
