New Delhi: BJP on Wednesday came out strongly in defence of Narendra Modi claiming he had not violated the electoral laws as he was beyond the prohibited 100 metres of the polling booth when he spoke to the media and said the FIR against him will have to abide by the process of law.
The party also raised the question of whether the rights of the media, which is free under the Constitution, can be curtailed within the ambit of Model Code of Conduct, saying it "is a larger question of Constitutional significance".
The Election Commission ordered Gujarat administration to file a complaint or an FIR against him for violating poll laws by displaying BJP`s election symbol `Lotus` and making a speech after casting his vote in Gandhinagar. Accordingly, an FIR was lodged.
"The BJP respects the Election Commission and any direction by the Commission about filing of FIR against Narendra Modi will have to abide by the process of law.
"However, as per our information, Narendra Modi was beyond the prohibited 100 metres from the polling booth and the media has got every right to seek an answer from a political leader after he casts his vote, who in all probability is going to become the Prime Minister of India," BJP leader Ravi Shankar Prasad said.
Raising the issue of media freedom and whether it can be curtailed under the ambit of model code, he said "the media is free in India and has got constitutional freedom. Whether the media`s right to ask a question can be curtailed within the ambit of model code of conduct beyond the prohibited zone of 100 metres is a larger question of constitutional significance."
At the party briefing, BJP Spokesperson Meenakshi Lekhi said Modi had not violated any model code as "it was not an organised press conference".
Lekhi, however, added "the Election Commission is a constitutional institution and we respect it. We will abide by its decision."
Asked about the EC direction to Gujarat government to file an FIR against Modi, she said "we will be addressing the issue. This was a technical issue".
Prasad attacked Congress saying, "I really pity the Congress party, finding repeated reversal by the people of India in the campaign, they have reduced themselves to become a chronic complainant."
The EC action against Modi followed a complaint on the issue made by Congress.
