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TMI Blog1995 (12) TMI 422X X X X Extracts X X X X X X X X Extracts X X X X ..... the citizens of India on the grounds of religion and community. Consequently, Bal Thackeray, after a notice issued under Section 99 of the Act to him, has also been named for commission of these corrupt practices. Civil Appeal No. 2836 of 1989 is by the returned candidate Dr. Ramesh Yeshwant Prabhoo and Civil Appeal No. 2835 of 1989 is by Bal Thackeray against that judgment. 2. The said election was held on 13th December, 1987 and the result was declared on 14th December, 1987, at which Dr. Ramesh Yeshwant Prabhoo was declared to be duly elected. The charge of these corrupt practices is based on three public speeches delivered by Bal Thackeray : on 29-11-1987 at Parle (opposite Shi v Sena Shaka No. 84), on 9-12-1987 at Khar-Danda near Shankar Temple, and on 10-12-1987 at Jaltaran Maidan, Vile Parle (East). The public speech given on 9-12-1987 has been held to amount to the corrupt practice under Sub-section (3) of Section 123, while public speeches delivered on 29-11-1987 and 10-12-1987 have been held to be corrupt practices under Sub-sections (3) and (3 A) of Section 123 of the Act. The relevant pleading relating to these corrupt practices is contained in paras 6 and 8 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... election petition till aging the commission of corrupt practices within the meaning of Section 123 of the Act are in sub-paras (a) to (f) which are as under:-- (a) The petitioner states that respondent No. I during his election campaign indulged in corrupt practices by appealing himself, or by his election agents, or by his supporters with his consent to vote him and refrain from voting other candidates on the grounds of religion. The whole tenor of election propaganda of the respondent No. 1 was that he is a candidate of Hindus and Hindus should vote him alone. The details of this appeal are given in the later part of this petition. (b) The respondent No. 1, his election against and his supporters with the consent of the candidate respondent No. 1 also indulged in corrupt practice by promoting and by attempting to promote feelings of enmity and hatred between different classes of citizens of India on grounds of religion, community and language. The examples of this corrupt practice are also listed in the later part of this petition. (c) The campaign for the election of respondent No. 1 was headed by Shri Balsaheb Thackeray, the leader of the Shiv Sena, who had put u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... put up on the dias which reads as under:-- Garva Say Kaho (OM) Ham Hindu Hai The said meeting was also reported in 'Sandhyakal', another Marathi daily, on 1-12-87. Hereto annexed and marked Exhibit 'A' and 'A 1' is a copy of the report appearing in the 'Mumbai Sakal' with English translation, hereto annexed and marked Exhibits 'B' and 'B1' are the original report appearing in 'Sanj Tarun Bharat' with English translation and hereto annexed and marked Exhibits 'C' and 'C1' are the said reports appearing in 'Sandhyakal' with English translation. (d) The petitioner says that a report regarding the said meeting also appeared in the 'Urdu Times', an Urdu daily published from Bombay in its issue dated 1-12-87. The petitioner does not know how to read and write Urdu. However, he got the said report translated. In the said 'Urdu Times' the report appeared with the title 'Shiv Sena ko Musalmano ke Voting zarurat nahin hai' (Shiv Sena did not need the votes of Muslims). A true English translation of the said news item is annexed hereto and marked Exhibits 'D' and ' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e only person who could represent the Hindu community. The effect of the said speeches was to promote the feelings of enmity and hatred between Hindus and non-Hindus on the ground of religion, race, caste, community etc. As such the petitioner and most of the respondents from 1 to 13 are Hindus, having full faith in the Hindu religion. The main ground of objection on the way of canvassing for votes by respondent No. 1 and his supporters was to bring the element of religion into politics endangering the very foundation of the Constitution of India, viz. secularism. The petitioner honestly believes that it is one thing to follow one's own religion according to his own conviction and another thing to appeal to the voters to vote in the name of the religion. 6. Reliance was placed by the election petitioner on certain news items wherein the public speeches were published and also on certain reports alleged to have been made by some police officers who reported the making of the speeches raising some controversy relating to sufficiency of pleadings and the use of material for proving the contents of the speeches in excess of the exact words pleaded in the election petition. Det ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he noticee Bal Thackeray, it was further contended that there was no compliance of the requirements of Section 99 of the Act, inasmuch as the notice contemplated by the provision was not given and the noticee was never informed of the precise charge against him. It was submitted that the notice given was not in conformity with the law and particulars required to be given by the Court were never given, the High Court having merely asked the petitioner to indicate the particulars of the charge of the corrupt practice; and (8) that the pleadings in the election petition are deficient being devoid of the material particulars and, therefore, the material brought in at the stage of evidence and relied on to prove the charge of corrupt practice has to be excluded from consideration. Learned counsel for the appellant also made the grievance that the High Court had decided the election petition mainly on the basis of the general impressions and vague assertions made by the election petitioner instead of confining the decision to the precise pleadings and the legally admissible evidence examined in the light of the true meaning and scope of Sub-sections (3) and (3A) of Section 123 of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate. xxx xxx xxx 10. The submission of Shri Ram Jethmalani, learned counsel for the appellants is that the appeal to vote or refrain from voting for any person on the ground of 'his' religion, etc. for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate means a direct appeal to vote or refrain from voting on the ground of 'his' religion, etc,; and the appeal must also be provocative in nature to adversely affect public order. The further element of adverse effect on public order, it is urged, is implicit in the provision to save it from constitutional invalidity, which argument is considered separately. Shri Jethmalani laid emphasis on the word 'his' which was inserted by Act 40 of 1961 w.e.f. 20-9-1961 when the existing Sub-section (3) was substituted for the old Sub-section (3). Shri Ram Jethmalani contended that the ob ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat which is made on the ground of religion of the candidate for whom the votes are sought; and when the appeal is to refrain from voting for any candidate, the prohibition is against an appeal on the ground of the religions of that other candidate. The first is a positive appeal and the second a negative appeal. There is no ambiguity in Sub-section (3) and it clearly indicates the particular religion on the basis of which an appeal to vote or refrain from voting for any person is prohibited under Sub-section (3). 12. The argument that such an appeal must be a direct appeal, such as 'Vote for A because he is a Hindu' or 'Do not vote for B because he is a Christian', and that no other appeal leading to that conclusion is forbidden does not appeal to reason. What is forbidden by Sub-section (3) is an appeal of this kind and. therefore, any appeal which amounts to or leads to this inference must necessarily come within the prohibition in Sub-section (3). Whether a particular appeal is of this kind, is a question of fact in each case. Where the words used in the appeal are clear and unambiguous amounting to a direct appeal, the exercise of construing the speec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is' in Sub-section (3) and its purpose was stated, thus:-- Shri A.K. Sen : I added the word 'his' in the Select Committee in order to make quite clear as to what was the mischief which was sought to be prevented under this provision. xxx xxx xxx Shri A.K. Sen : The apprehension was expressed if one's right was going to be curbed by this section. If such a right was going to be curbed by the section, I would have been against such an amendment, because after all, it is the right of a person to propagate his own language, his own particular culture and various other matters. But that does not mean vilifying another language or creating enmity between communities. xxx xxx xxx Shri A.K. Sen :... I am pained to hear Shri Hynniewta giving expression to an apprehension, which to me seems entirely baseless. That apprehension is to the effect that Clause 23 will deprive him of his fight to propagate his language or preserve his language, which cannot be taken away from him as he himself has quoted the relevant article of the Constitution. If that right is taken away by the Bill, it will be struck down as contravening article 19 and the section w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nguage or following a particular religion and so on? If not, we have to support this. The preservation of the minority's rights and so on is a different and a wider question. xxx xxx xxx Shri A.K. Sen:...But, if you say that Bengali language in this area is being suppressed or the schools are being closed, as Shri Hynneiwta was saying, because they bore a particular name, then; you are speaking not only to fight in an election but you are also really seeking to protect your fundamental rights, to preserve your own language and culture. That is a different matter. But, if you say. I am a Bengali, you are all Bengalis, vote for me,' or I am an Assamese and so vote for me because you are Assamese speaking men', I think, the entire House will deplore that as hopeless form of election propaganda. And, no progressive party will run an election on that line. Similarly on the ground of religion. In the olden days, what speeches we used to hear in Muslim League gatherings They were purely appeals on the ground of religion. So, the issue is too narrow and not a wide issue in which the life and death of minorities are involved as Shri Hynniewta sought to make out. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncept of secularism is one facet of the right to equality woven as the central golden thread in the fabric depicting the pattern of the scheme in our Constitution. (at page 403)(of SCC); (at p. 4932 of AIR) 18. It cannot be doubted that an election speech made in conformity with the fundamental right to freedom of religion guaranteed under Articles 25 to 30 of the Constitution, cannot be treated as anti-secular to be prohibited by Sub-section (3) of Section 123, unless it falls within the narrow net of the prohibition indicated earlier. It is obvious that a speech referring to religion during election campaign with a secular stance in conformity with the fundamental right to freedom of religion can be made without being hit by the prohibition contained in Sub-section (3), if it does not contain an appeal to vote for any candidate because of his religion or to refrain from voting for any candidate because of his religion. When it is said that politics and religion do not mix, it obviously does not mean that even such permissible political speeches are forbidden. This is the meaning and true scope of Sub-section (3) of Section 123 of the Act. 19. We would now consider ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er the act complained of falls within the net of Sub-section (3A) is a question of fact in each case to be decided on the basis of the evidence led to prove the alleged act. 22. The decision in Ziyauddin Burhanuddin Bukhari v. Bri jmohan Ramdass Mehra AIR 1975 SC 1788, lends assurance to the correctness of the construction made by us of these provisions. The returned candidate Bukhari was the candidate of Muslim League while the defeated candidate Shauket Chagla was the Congress candidate at the election. Both were Muslims. The returned candidate Bukhari in his appeal to the voters said that Chagla was not true to his religion while he himself was a true Muslim and that Chagla was neither a good Hindu nor a true Muslim. The clear implication of the appeal was that Chagla was not true to his religion whereas Bukhari was, and, therefore, the voters should prefer Bukhari. In short, the appeal for votes was made on the ground that Bukhari was a staunch believer of the Muslim religion as against Chagla who did not. It was this clear appeal based on the ground of the candidate's religion which was held to constitute the corrupt practices defined by Sub-sections (3) and (3A) of S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntext in which the statements or acts complained of were made. (para 12 of AIR) xxx xxx xxx We have to determine the effect of statements proved to have been made by a candidate, or on his behalf and with his consent, during his election, upon the minds and feelings of the ordinary average voters of this country in every case of alleged corrupt practice of undue influence by making statements. We will, therefore, proceed to consider the particular facts of the case before us. (Para 15 of AIR) xxx xxx xxx ...In other words, Bukhari, apart from making a direct attack on the alleged religious beliefs and practices of the Chagla family, clearly conveyed to the hearers that Chagla was an unfit person, on the ground of his mixed religious faith and practices, to represent Muslims. Bukhari had also called upon Muslims to unite against such a person if they wanted their religion to survive. The High Court had very rightly held that these statements contravened the provisions of Section 123(3) of the Act. (para. 36 of AIR). XXX XXX XXX We do not think that any useful purpose is served by citing authorities, as the learned counsel for the appellant tried to do, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the promotion or attempt to promote feelings of enmity or haired between different classes of the citizens of India on any of the grounds specified therein, apart from creating divisive tendency, would also be prejudicial to the maintenance of public order and may amount to incitement to commission of offences. The freedom of speech and expression guaranteed to all citizens under Article 19(1)(a), which is the basis of the constitutional challenge to this provision is subject to Clause (2) of Article 19 which permits the making of any law imposing reasonable restrictions on the exercise of this right in the interests of public order or incitement to an offence. For this reason, no further attempt was made to press the argument of challenge to the constitutional validity of Sub-section (3A) on the construction we have made of that provision. 25. The question now is of the constitutional validity of Sub-section (3) of Section 123. We have already rejected the argument that the element of prejudicial effect on public order is implicit also in Sub-section (3) as it is in Sub-section (3A). According to Shri Ram Jethmalani, unless this element also is read into Sub-section (3), it i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ty' relate to sexual morality alone. In view of the expression in the interest of and the context of election campaign for a free and fair poll, the right to contest the election being statutory and subject to the provisions of the statute, the words 'decency or morality' do not require a narrow or pedantic meaning lo be given to these words. The dictionary meaning of 'decency' is correct and tasteful standards of behavior as generally accepted; conformity with current standards of behavior or propriety; avoidance of obscenity; and the requirements of correct behavior (The Oxford Encyclopedic English Dictionary); conformity to the prevailing standards of propriety, morality, modesty, etc; and the quality of being decent (Collins English Dictionary). 29. Thus, The ordinary dictionary meaning of 'decency' indicates that the action must be in conformity with the current Standers of behavior or propriety, etc. In a secular polity, the requirement of correct behavior or propriety is that an appeal for votes should not be made on the ground of the candidate's religion which by itself is no index of the suitability of a candidate for membership o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... meaning, cannot by itself fall within the ambit of Sub-section (3) of Section 123, unless the speech can be construed as an appeal to vote for a candidate on the ground that he is a Hindu or to refrain from voting for a candidate on the ground of his religion, i.e., he not being a Hindu. We have also indicated that mere reference to any religion in an election speech does not bring it within the net of Sub-section (3) and/or Sub-section (3A) of Section 123, since reference can be made to any religion in the context of secularism or to criticise any political party for practising discrimination against any religious group or generally for preservation of the Indian culture. In short, mere use of the word 'Hindutva' or 'Hinduism' or mention of any other religion in an election speech does not bring it within the net of Sub-section (3) and/or subjection (3A) of Section 123, unless the further elements indicated are also present in that speech. It is also necessary to see the meaning and purport of the speech and the manner in which it was likely to be understood by the audience to which the speech was addressed. These words are not to be construed in the abstract, when ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... du by the Persian and the later western invaders ( The Hindu view of Life by Dr. Radhakrishnan, P. 12). That is the genesis of the word Hindu . When we think of the Hindu religion. We find it difficult, if not impossible to define Hindu religion or even adequately describe it. Unlike other religions in the world, the Hindu religion does not claim any one prophet; it does not worship any one God; it does not subscribe to any one dogma; it does not believe in any one philosophic concept; it does not follow any one set of religious rites or performances; in fact, it does not appear to satisfy the narrow traditional features of any religion or creed. It may broadly be described as a way of life and nothing more. ...The term 'Hindu', according to Dr. Radhakrishnan, had originally a territorial and not a credal significance. It implied residence in a well-defined geographical area. Aboriginal tribes, savage and half-civilized people, the cultured Dravidians and the Vedic Aryans were all Hindus as they were the sons of the same mother. The Hindu thinkers reckoned with the striking fact that the men and women dwelling in India belonged to different communities, worship ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 39;endlcss quest of the mind for truth based on the ' consciousness that truth has many facets. Truth is one, but wise men describe it differently. (..) The Indian mind has, consistently through the ages, been exercised over the problem of the nature of godhead the problem that faces the spirit at the end of life, and the interrelation between the individual and the universal soul. If we can abstract from the variety of opinion , says Dr. Radhakrishnan, and observe the general spirit of Indian thought, we shall find that it has a disposition to interpret life and nature in the way of monistic idealism, though this tendency is so plastic, living and manifold that it takes many forms and expresses itself in even mutually hostile teachings. (..) ....Naturally enough, it was realised by Hindu religion from the very beginning of its career that truth was many-sided and different views contained different aspects of truth which no one could fully express. I his knowledge inevitably bred a spirit or tolerance and willingness to understand and appreciate the opponent's point of view. That is how 'the several views set forth in India in regard to the vital philosophic co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ). the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jains or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly. (emphasis supplied) (from pages259-266) (of SCR): (at pages 1128-1131 of AIR). 37. In a later Constitution Bench decision in Commissioner of Wealth tax, Madras v. Late R. Sridharan by L.Rs. (1976) Supp SCR 478, the meaning of the term 'Hinduism' as commonly understood is stated thus :-- ...It is a matter of common knowledge, that Hinduism embraces within self so many diverse forms of beliefs, faiths, practices and worship that it is difficult to define the term 'Hindu' with precision. The historical and etymological genesis of the word 'Hindu has been succinctly explained by Gajendragadkar, C. J. in Shastri Yagnapurushdasji v. Muldas Bhudardas Vaishya [1966] 3 SCR 242 . In Unabridged Edition of Webster's Third New International Dictionary of the English language, the term 'Hinduism' has been defined as meaning 'a complex body of social, cultural and religious beliefs and practices evolved in and largely con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... factory in one way or another, the more so because the finest Indian scholars of Hinduism, including Hindus themselves, have emphasized different aspects of the whole. In his celebrated treatise Gitarahasya , B.G. Tilak has given the following broad description of the Hindu religion :-- Acceptance of the Vedas with reverence; recognition of the fact that the means or ways of salvation or diverse; and realisation of the truth that the number of gods to be worshipped is large, that indeed is the distinguishing feature of Hindu religion. In Bhagwan Koer v. J.C. Bose ILR 1904 Cal 11, it was held that Hindu religion is Marvelously catholic and elastic. Its theology is marked by eclecticism and tolerance and almost unlimited freedom of private worship.... This being the scope and nature of the religion, it is not strange that it holds within its fold men of divergent views and traditions which have very little in common except a vague faith in what may be called the fundasnentals of the Hindu religion. 38. These Constitution Bench decisions, after a detailed discussion, indicate that no precise meaning can be ascribed to the terms 'Hindu', 'Hindutva& ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as significant for the purpose. It was held as under:-- It is true that a corrupt practice under Section 123(3) can be committed by a candidate by appealing to the voters to vote for him on the ground of his religion even though his rival candidate may belong to the same religion. If, for instance, a Sikh candidate were to appeal to the voters to vote for him, because he was a Sikh and add that his rival candidate, though a Sikh in name, was not true to the religious tenets of Sikhism or was a heretic and as such, outside the pale of the Sikh religion, that would amount to a corrupt practice under Section 123(3), and so, we cannot uphold the contention that Section 123(3) is inapplicable because both the appellant and the respondent are Sikhs.... The corrupt practice as prescribed by Section 123(3) undoubtedly constitutes a very healthy and salutary provision which is intended to serve the cause of secular democracy in thiscountry. In order that the democratic process should thrive and succeed, it is of utmost importance that our elections to Parliament and the different legislative bodies must be free from the unhealthy influence of appeals to religion, race, caste, comm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... meetings are held and appeals are made by candidates of opposing political parties, the atmosphere is usually surcharged with partisan feelings and emotions and the use of hyperboles or exaggerated language, or the adoption of metaphors, and the extravagance of expression in attacking one another, are all a part of the game, and so, when, the question about the effect of speeches delivered or pamphlets distributed at election meetings is argued in the cold atmosphere of a judicial chamber, some allowance must be made and the impugned speeches or pamphlets must be construed in that light, In doing so, however, it would be unreasonable to ignore the question as to what the effect of the said speech or pamphlet would be on the mind of the ordinary voter who attends such meetings and reads the pamphlets or hears the speeches. It is in the light of these well-established principles that we must now turn to the impugned pamphlet. (at pages 793-795) (of SCR): (at Pages 143-44 of AIR.) 42. The test applied in the decision was to construe the meaning of the word 'Panth' not in the abstract but in the context of its use. The conclusion reached was that the word 'Panth& ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ictly. 45. It is, therefore, a fallacy and an error of law to proceed on the assumption that any reference to Hindutva or Hinduism in a speech makes it automatically a speech based on the Hindu religion as opposed to the other religions or that the use of words 'Hindutva' or 'Hinduism' per se depict an attitude hostile to all persons practising any religion other than the Hindu religion. It is the kind of use made of these words and the meaning sought to be conveyed in the speech which has to be seen and unless such a construction leads to the conclusion that these words were used to appeal for votes for a Hindu candidate on the ground that he is a Hindu or not to vote for a candidate because he is not a Hindu, the mere fact that these words are used in the speech would not bring it within the prohibition of Sub-section (3) or (3A) of Section 123. It may well be, that these words are used in a speech to promote secularism or to emphasise the way of life of the Indian people and the Indian culture or ethos, or to criticise the policy of any political party as discriminatory or intolerant. The parliamentary debates, including the clarifications made by the Law Mi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppropriate for the High Court to indicate the precise portions. However, there is no prejudice caused, inasmuch as the portions were indicated by the election petitioner on the High Court's direction. The election petitioner Prabhakar Kashinath Kunte, (P.W. I) was called for cross-examination on behalf of the noticee. The noticee was given full opportunity to cross-examine the witnesses already examined and to adduce evidence in his defence and to argue his case in the High Court. The noticee Bal Thackeray did not choose to enter the witness box and, therefore the material present has to be examined without any denial by the noticee as a witness in the case. 48. There is no dispute that no material which was not given to the noticee Bal Thackeray was used against him. We have already indicated that the finding of proof of the corrupt practices alleged in the election petition is based on the three speeches of Bal Thackeray which are not denied either by Dr. Ramesh Prabhoo or by Bal Thackeray. Copy of the text of those speeches is also undisputed. All this was furnished to the noticee Bal Thackeray. It is difficult to visualise what prejudice could be caused to the noticee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the proviso is only in respect of a person who is not a party to the petition and is to be named so that he too has the same opportunity which was available to a party to the petition. The requirement specified is of a notice to appear and show cause why he should not be named and if he appears in pursuance of the notice, he has to be given an opportunity of cross-examining any witness who has already been examined by the High Court and has given evidence against him and also the opportunity of calling evidence in his defence and of being heard. In short, the opportunity which a party to the petition had at the trial to defend against the allegation of corrupt practice is to be given by such a notice to that person of defending himself if he was not already a party to the petition. In other words, the noticee has to be equated with a party to the petition for this purpose and is to be given the same opportunity which he would get if he has made a party to the petition. 51. This is the pragmatic test to be applied for deciding the question of compliance of Section 99 of the R. P. Act. If the noticee had the opportunity which he would have got as a party to the petition, then ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 55. Certain extracts from the alleged speeches of Bal Thackeray, translated in English, are expressly pleaded in the election petition, as under:-- From Speech of 29-11-1987 We are fighting this election for the protection of Hinduism. Therefore, we do not care for the votes of the Muslims. This country belongs to Hindus and will remain so. From Speech of 9-12-1987 Hinduism will triumph in this election and we must become hon'ble recipients of this victory to ward off the danger on Hinduism, elect Ramesh Prabhoo to join with Chhagan Bhujbal who is already there. You will find Hindu temples underneath if all the mosques are dug out. Anybody who stands against the Hindus should be showed or worshipped with shoes. A candidate by name Prabhoo should be led to victory in the name of religion. From Speech of 10-12-1987 We have gone with the ideology of Hinduism. Shiv Sena will implement this ideology. Though this country belongs to Hindus, Ram and Krishna are insulted. (They) valued the Muslim votes more than your votes; we do not want the Muslim votes. A snake like Shahabuddin is sitting in the Janta Party, man like Nihal Ahmed is also in Janata Party. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ms. Who are these 'lande'. Once Vasant Dada had called me when he was a Chief Minister. He told me that rest is O.K. But asked me as to why I was calling them Lande. But is it correct if they call us 'Kafer' (i.e. traitor) then we will certainly call them 'Lande'.... They should bear in mind that this country is of Hindus, the same shall remain of Hindus.... if Shiv-Sena comes to power and if the morchas come -- first of all (we) shall make them come. Everybody will have to take 'diksha' (i.c. initiation) of Hindu religion. Second speech of 9-12-1987 ...The victory will not be mine or of Dr. Prabhu or of Shiv-Sena but the victory will be that of Hiduism. You will be instrumental in victory and you should become instrument for the same. At last you have the right to get rid of the difficulties faced by your caste, creed, gods deities and Hindu religion.... Therefore, I want to say that today we are standing for Hinduism.... Whatever Masjids are there, if one starts digging the same, one will find Hindu temples under the same... If any body stands against Hindustan you should show courage by performing pooja (i.e. worship) with shoes....And a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xtracts in each of the three speeches is to this effect. The first speech also makes derogatory reference to Muslims by calling them 'snake' and referring to them as 'lande' (derogatory term used for those, practising circumcision). The language used in the context, amounted to an attempt to promote feelings of enmity or hatred between the Hindus and the Muslims on the ground of religion. The first speech, therefore, also constitutes the corrupt practice under Sub-section (3A). 61. The High Court has held the second speech to fall only under Sub-section (3) and not Sub-section (3A), but the third speech has been held to fall both under Sub-sections (3) and (3A). We have already held the third speech also to constitute the corrupt practice under Sub-section (3). The correctness of the English translation of a part of the third speech was found to be defective at the hearing and, therefore, an agreed fresh translation thereof was taken on record. Reading the speech in the light of the fresh agreed translation of the defective portion, it appears to us that the High Court finding that the third speech amounts also to the corrupt practice under Sub-section (3A) ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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