Lucknow, Apr 11 (Agencies) : Taking serious exception to the failure of the UP government to file an FIR against state Minister Azam Khan for his communal utterances and check inflammatory speeches of Amit Shah (close aide of the BJP’s prime ministerial candidate Narendra Modi), the Election Commission has directed the state Chief Secretary to initiate action for criminal proceedings against the two of them as well as ban public meetings where they are expected to be present.

It is for the first time since the general election process began on March 5 that the Election Commission has ordered such a crack down on hate speeches. Under Article 324 of the Constitution the EC has vast powers to take any action to ensure a free and fair election.

At an election meeting last week in the Muzaffarnagar Lok Sabha constituency, which was rocked one of the worst communal disturbances in October last year, Mr. Shah had said, “You have been treated as second-grade citizens. It is time for revenge now." "Aaj kal lathi, bandook ka jamana nahin hai. Talwar se badla nahin lena hai, Button daba kar lena hai ...(Batons, guns and swords belong to a bygone era. These days you take revenge by using the button on EVMs)," he was shown on TV channels as saying.

Earlier this week Mr. Khan hit the headlines with his controversial statement that it was the Muslim soldiers in the Army that had won the Kargil war in 1999. The Commission noted in its order that both Mr. Shah and Mr. Khan are yet to respond to show-cause notices issued to them.

Referring to the statements of both of them the Commission noted, “These statements are, inter alia, promoting feelings of enmity, hatred and ill-will and creating disharmony between different religious communities on the ground of religion. Further, these provocative statements being made by them are highly prejudicial to the maintenance of harmony between different religious communities and also likely to disturb peace and public tranquillity.

“The above apart, these statements and public utterances by the aforesaid mentioned two political leaders are being made with deliberate and malicious intention of outraging the religious feelings and religious beliefs of different classes of citizens of India”.

The EC maintained that their impugned speeches and public utterances are not only voilative of the provisions of Model code of conduct, but also constitute serious offences under various provisions of law like section 125 land arso section 123(3) and 123(3A) l of the Representation of the People Act, 1951, sections 153A, 1538, 295A and 505(2) of the Indian Penal code' apart from the relevant provisions of the State laws.

Flaying the state for not having acted with the required alacrity the EC said that it is of the view that the State Government machinery is soft pedalling in taking action against Mr. Khan.

Directing the authorities not to grant permission for holding any public meetings' public processions, public rallies, road shows where the above two leaders are expected or likely to participate, the EC said that all preventive measures shall be taken against them under the relevant provisions of sections 107 to 110 and 144 of the Cr PC.

The UP government has been asked to send a compliance report on the directions by 5 pm Saturday.