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The ECI also cited judgements and laws that can result in up to three years of imprisonment for mischievous statements against national integration and public harmony
AAP National Convenor Arvind Kejriwal. (PTI photo)
The Election Commission of India on Tuesday asked Aam Aadmi Party (AAP) chief Arvind Kejriwal to provide factual evidence to substantiate serious allegations before publicly making statements that the river Yamuna was poisoned by the neighbouring state, Haryana.
The ECI also cited judgements and laws that can result in up to three years of imprisonment for mischievous statements against national integration and public harmony.
The poll body demanded Kejriwal to support his statement that the nature and extent of the chemical used for poisoning Yamuna would have killed people in large numbers resulting in mass genocide and that the engineers of Delhi Jal Board have actually detected and prevented it timely, much before it could mix with the waters of Yamuna in Delhi and caused genocide.
The ECI used a statement of Kejriwal posted on social media platform X where he talked about the poisoning of the river Yamuna which may result in “mass deaths and genocide” and this has also been equated with the dropping of “nuclear bombs in Hiroshima and Nagasaki” as well as the use of “biological weapons during war between two nations”.
It is important to note that both BJP and Congress have filed official complaints to the ECI against Kejriwal for making serious false allegations regarding poisoning of river Yamuna in Delhi.
The ECI wrote to Kejriwal saying the statements made by the leader of his stature carry a lot of weight and people, especially the followers of his party, believe in the statement.
“Being a very senior leader with vast administrative experience, you must definitely have the evidence to substantiate such serious allegations before publicly making statements that, the river Yamuna was poisoned by the neighbouring state; the nature and extent of the chemical used for the poisoning Yamuna that would have killed the people in large numbers resulting into mass genocide; and that the engineers of Delhi Jal Board have actually detected and prevented it timely, much before it could mix with the waters of Yamuna in Delhi and caused genocide,” the letter reads.
It is presumed, the ECI added, that the Government of Delhi must have officially taken up such a serious and grave issue of public health with the Haryana government. The Commission, meanwhile, also perused the report of Delhi Jal Board which does not mention any poisoning in Yamuna.
“Consequently, there is no mention in the report that engineers of Delhi Jal Board have stopped the poisoned waters at the Delhi border itself, before it could poison Yamuna,” the ECI stated.
The ECI, while referring to the allegations of poisoning, told Kejriwal that it is expected that there must be a factual foundation to the allegations “especially when the veracity of the statements made by you is contested, then you must be able to back your statements on a factual basis”.
‘Extremely Serious, Unprecedented’
The ECI said that the allegations raised regarding poisoning of river Yamuna which is the source of drinking water to the people of Delhi by the elected Government with an intention to kill the residents of the city and equating the act of poisoning by another neighbouring federal government with “nuclear and biological war is extremely serious in nature and unprecedented”.
If true, the poll body added, this also has serious ramifications of creating enmity between the regional groups, residents of the neighbouring states, threat of law-and-order situation due to actual or perceived shortage or non-availability of water, during this time of the year. Response by Wednesday night
The poll body said that the matter is being examined by the Commission in the light of provisions of model code of conduct and relevant provisions of law.
“Therefore, you are called upon to furnish your response on the complaints, especially on the factual and legal matrix along with evidentiary support thereof by 20.00 hours on 29th January, 2025 so as to enable the Commission to examine the matter and take action as appropriate,” ECI told Kejriwal.
Up To 3 Years Of Jail
The Commission also mentioned various judicial pronouncements, legal provisions and Provisions of Model Code of Conduct incumbent upon all stakeholders to maintain purity in elections. The ECI cited various judicial pronouncements and legal provisions that can lead up to three years imprisonment for mischievous statements against national integration and public harmony. The poll body cited law under Sections 196, 197, and 353 of the Bharatiya Nyaya Sanhita.
It also cited Section 123 (4) of the Representation of the People Act, 1951 that can attract jail.
Rise In Ammonia Level Being Dealt Separately
While Kejriwal has been asked to support his statements, the poll body has noted that the issue of increased Ammonia in Yamuna river and it is being dealt separately after considering inputs received from the State Government of Haryana.
On Monday, Chief Ministers of Delhi (Atishi) and Punjab (Bhagwant Mann) wrote to ECI alleging deliberate act of water terrorism by this sudden and sharp increase in the Ammonia content in the water being released by Haryana into Yamuna which is alleged to have rendered the water untreatable.
Atishi again wrote to the ECI on Tuesday explaining the incapability of Delhi Water treatment plants due to increased level of Ammonia and thereby leading to water shortage as well as public health crises. “The Commission has asked for a report above letter dated 27.1.2025 from the State Government of Haryana. The issue of increased Ammonia is being dealt with separately after considering inputs received from the State Government of Haryana,” the ECI said.
Delhi is going for polls on February 5 and the counting of votes will be held on February 8.
