MEMORANDUM

April 16th, 2019

Ref: 00025A/2019

SUSPICIOUS BLACK BOX IN PRIME MINISTER’S

HELICOPTER

INDEX

SL.NO Particulars Page

No.s
1. Representation

2. Annexure I :
Copy of the articles publishing the black box
news.

3. Annexure II:
Copy of the tweet demonstrating that the
aforementioned news item was taken down by the
news channel.

4. Annexure III:
Copy of the complaint filed at the State Election
Commission.

5. Annexure IV:
Copy of the Notification No. 437/6/2004 – PLN
III dated 08.03.2004

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 MEMORANDUM

April 16th, 2019

Ref: 00025A/2019
To,

Chief Election Commissioner &

His Companion Election Commissioners of India

The Election Commission of India,

Nirvachan Sadan
New Delhi - 110001

Dear Sirs,

RE: SUSPICIOUS BLACK BOX CARRIED BY THE PRIME

MINISTER TO KARNATAKA

REQUEST FOR URGENT & NECESSARY DIRECTIONS TO THE

RELEVANT AUTHORITIES TO INITIATE INVESTIGATION
INTO THE SUSPICIOUS BLACK BOX CARRIED OUT OF THE
PM’S HELICOPTER IN CHITRADURGA, KARNATAKA

On behalf of Indian National Congress, we the undersigned, are

compelled to bring to the urgent attention of the Hon’ble Election
Commission a grave incident that calls for immediate investigation by the
Election Commission and relevant authorities.

I.
On April 9th, 2019, the Prime Minister, Narendra Modi landed in
Chitradurga, Karnataka in his helicopter. Moments after he disembarked,
a suspicious black box was removed from the helicopter and shipped off
in a private Innova car that was not part of the Prime Minister’s convoy.

The abovementioned incident warrants immediate exercise of the EC’s

constitutional powers under Article 324 of the Constitution of India.

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A copy of the article publishing the abovementioned incident is annexed
herewith and marked as ANNEXURE – I.

II.
The crucial fact is that this incident took place right when the Prime
Minister was to address a rally in Chitradurga, Karnataka on April 9 th,
2019.

Here it is pertinent to remind this Hon’ble Commission of the incident

that took place on April 3rd, 2019 shortly before the Prime Minister’s rally
in Pasighat, Arunachal Pradesh wherein cash worth crores was seized
from the Chief Minister’s convoy.

Therefore, it would not be entirely out of place to assume that the black
box which has been transported in a hurried and clandestine manner
could be part of the same modus operandi to carry large sums of cash.
While this is a hypothesis it is, as stated above, supported by a recent
incident in Pasighat.

Further, the murkiness of this incident becomes more evident when the
news channels which reported the incident are mysteriously compelled to
take down such stories.

A copy of the tweet demonstrating that the aforementioned news item

was taken down by the news channel is annexed herewith and marked as
ANNEXURE – II.

It becomes utmost important that an immediate investigation be initiated

in this matter. It would be shocking if top leaders of the BJP are acting as
safe havens in carrying out such heinous violations of not just the
Electoral but also the Criminal laws of the country.

A copy of the complaint filed at the State Election Commission,

Karnataka has been annexed herewith and marked as ANNEXURE –
III.

III.

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Concealing and hoarding cash during an election, in this manner and
fashion, is treated by our electoral laws as a serious violation and as a
“corrupt practice” which is a ground for termination of candidature. The
relevant sections that have been violated are:

Representation of the People Act 1951:

If a candidate or political party is found with cash above a certain

limit (normally Rs.20,000) and has no documents to explain the
same in a reasonable manner, then the party shall prima facie be
assumed to be using that money for the purposes of bribery and
undue influence which are corrupt practices under the
Representation of the People Act, 1951.

Section 123(1) Bribery.

123. Corrupt practices. — The following shall be deemed

to be corrupt
practices for the purposes of this Act:—
“(1) “Bribery”, that is to say—

(A) any gift, offer or promise by a candidate or his

agent or by any other person with the consent of a
candidate or his election agent of any gratification, to
any person whomsoever, with the object, directly or
indirectly of inducing—
(a) a person to stand or not to stand as, or 2 [to
withdraw or not to withdraw] from being a
candidate at an election, or
(b) an elector to vote or refrain from voting at
an election, or as a reward to—
(i) a person for having so stood or not
stood, or for 3[having withdrawn or not
having withdrawn] his candidature; or
(ii) an elector for having voted or
refrained from voting;

(B) the receipt of, or agreement to receive, any

gratification, whether as a motive or a reward—

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 (a) by a person for standing or not standing as,
or for 4[withdrawing or not withdrawing]
from being, a candidate; or
(b) by any person whomsoever for himself or
any other person for voting or refraining from
voting, or inducing or attempting to induce any
elector to vote or refrain from voting, or any
candidate [to withdraw or not to withdraw] his
candidature.
Explanation.—For the purposes of this clause
the term “gratification” is not restricted to
pecuniary gratifications or gratifications
estimable in money and it includes all forms of
entertainment and all forms of employment for
reward but it does not include the payment of
any expenses bona fide incurred at, or for the
purpose of, any election and duly entered in the
account of election expenses referred to in
section 78.]

(2) Undue influence, that is to say, any direct or indirect

interference or attempt to interfere on the part of the candidate
or his agent, or of any other person 5[with the consent of the
candidate or his election agent], with the free exercise of any
electoral right:”

The penalty for this is immediate disqualification of the candidates for

whom the cash was intended and from whom the case has been seized.

Indian Penal Code 1860

Section 171B of the IPC is also applied against candidates from whom
cash is recovered in such vast quantities.

“171B. Bribery.—
(1) Whoever—
(i) gives a gratification to any person with the
object of inducing him or any other person to

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 exercise any electoral right or of rewarding any
person for having exercised any such right; or
(ii) accepts either for himself or for any other
person any gratification as a reward for
exercising any such right or for inducing or
attempting to induce any other person to
exercise any such right; commits the offence of
bribery: Provided that a declaration of public
policy or a promise of public action shall not be
an offence under this section.

(2) A person who offers, or agrees to give, or offers or

attempts to procure, a gratification shall be deemed to
give a gratification.

(3) A person who obtains or agrees to accept or

attempts to obtain a gratification shall be deemed to
accept a gratification, and a person who accepts a
gratification as a motive for doing what he does not
intend to do, or as a reward for doing what he has not
done, shall be deemed to have accepted the
gratification as a reward.]

The other section applied by the police is section 171C in the IPC:

“171C. Undue influence at elections.—

(1) Whoever voluntarily interferes or attempts to

interfere with the free exercise of any electoral right
commits the offence of undue influence at an election.”

It is crystal clear from recent illustrations that the Hon’ble Commission

has chosen to adopt a zero-tolerance policy towards candidates who
engage in corrupt practices.

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In the past, timely intervention has exposed a network of corrupt
practices by this Government in power (as in Karnataka, we witnessed
the futile and illegal attempts by BJP leaders to bribe MLA’s and engage
in horse trading).

It is also clear that the Hon’ble Commission enjoys vast and expansive
powers under Article 324 to arrive at justiciable solutions to ensure that
the integrity of the electoral process is not compromised.

In this case, justice must not only be done but also seen to be done. The
Hon’ble Commission must use its expansive powers to verify (through
investigation) given the gravity of the matter at hand.

Warm Regards,