Never filed an FIR but, filed complaints with Election Commission of India (ECI) : NDPP-BJP

30th May 2018, Kohima

1. The NDPP is constrained to issue this communiqué in view of the allegations raised whereby, the NPF Party has accused the NDPP-BJP for having filed an FIR ordering the arrest of its President, Dr. Shurhozolie Liezietsu for “giving an inflammatory speech at an election rally held at Kohima”.

2. The NDPP-BJP had never filed an FIR but, have filed our respective complaints with the Returning Officer, 1 – Nagaland Parliamentary Constituency as well as the Election Commission of India (ECI) that Dr. Shurhozelie had violated Sections 3 of the Election Model Code of Conduct (MCC), Section 125 of the Representation of Peoples Act 1951 (RPA) and Section 153A of the Indian Penal Code (IPC) by stating that, “if one wants to become Hindu, they can vote for the PDAs candidate Mr. Tokheho Yepthomi. But if the people want to vote for the Nagas, for secularism and for the Christian faith, they should vote for Jamir”. This is based on reports in the local dailies of 16th May 2018 wherein it was reported that this statement was made by the NPF President in his speech at the Campaign launch of the NPF candidate on the 15th of May 2018 at Ura Academy, Kohima.

3. Dr. Shurhozelie, through the NPF Press Bureau, Central Headquarters has now claimed that his statement was made to protect Article 25 of the Constitution of India on the freedom of religion, which is unfounded, since Section 1 of Article 25 of the Constitution clearly states:

Article 25 in the constitution of India

25. Freedom of conscience and free profession, practice and propagation of religion

1. Subject to public order, morality and health and to the other provisions of this part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion”.

4. The NDPP-BJP does not refute or challenge what has been laid down Constitutionally. However, ever since the by-elections to the Lok Sabha seat was announced by the ECI on the 26th of April 2018, the MCC was in place in the entire state of Nagaland and all the provisions under the RPA 1951 thereof was enforced. Therefore, as Section 1 of Article 25 of the Constitution states, “Subject to public order…”, it is considered that both the MCC as well as the RPA are public orders, since they define the dos and don’t’s during the election process being in place throughout the State.

5. Also, even in normal circumstances, the IPC which governs all criminal and other activities clearly sates, under section 153A that,“Promoting enmity between different groups on grounds of religion, race, place of birth, language, etc., and doing acts prejudicial to maintenance of harmony….” is punishable under law.

6. Therefore, the claims of Dr. Shurhozelie of propagating and defending Article 25 of the Constitution of India holds no merit as he is still in violation of Sections 3 of the MCC, 125 of the RPA ad Section 153A of the IPC. Therefore, the NPF Party should not be trying to justify its Presidents actions while it is very clear that he has violated laws under the Constitution of India!

7. The PDA is not vindictive in any manner, but we have only complained to the Election Commission of India on the grounds that the NPF President has tried to influence voters on the grounds of religion and we have asked the appropriate authority to ensure justice as per the law. The President knows very well what he uttered and his taking anticipatory bail speaks volume of his guilt.

(Issued by NDPP, Media & Communication Committee)