AAP response to the communication received from the Election Commission of India
Aam Aadmi Party response to the communication received from the Election Commission of India regarding party convenor Arvind Kejriwal’s statement in Goa and later on :
The Aam Aadmi Party has gone through the communication dated 29.1.2017 passed bythe Election Commission of India against Shri Arvind Kejriwal, National Convenor Aam Aadmi Party vide which while giving of the reference of Section 171 (b) of the Indian Penal Code, the Commission has directed Shri Arvind Kejriwal not to indulge in making any further statement in the terms,“You are therefore, once again directed not to indulge in making any further statement which directly or indirectly instigates the voters to take money or inducement in any form by any party or any person or indulge in any form of Electoral or corrupt practices. The Commission will be constrained to take action against you in case it is noticed that you continue to make similar statements in future”.
That this communication simply directs Shri Arvind Kejriwal not to make such statements in reference to his earlier statements,“That the voters may accept money from any party, but should only vote for “Jharu” i.e. AAP”.
That the communication of the Election Commission of India does not convey that any criminal case has been registered against Shri Arvind Kejriwal, rather it is being highlighted that section 171(b) which defines the offence ofbribery inthe Indian Penal Code and its punishment defined under Section 171(e) of IPC, is not only a non cognizable offence, but is also bailable. So being a non cognizable offence no FIR can be registered for this particular offence.
However it is being reported in the media that some order has been passed by the E.C.I. for registration of FIR/complaint, but no such order has been communicated to Shri Arvind Kejriwal nor it is available on the website of E.C.I.
We further reiterate our stand that the statement of Shri Arvind Kejriwal does not amount to any offence what to talk of section 171 (b) and neither it can be taken to be an inducement or abetment for the said offence.
We have decided to avail all legal remedies available to us after any order is communicated to us or comes to our notice.