The Rouse Avenue Court has set aside a magistrate’s order that had rejected a plea seeking registration of an FIR and a police investigation against Congress leader Sonia Gandhi over irregularities in her inclusion in the electoral roll.
The complaint was filed by advocate Vikas Tripathi. It alleges that Sonia Gandhi’s name appeared in the electoral roll for the New Delhi parliamentary constituency in 1980, even though, according to the complaint, she acquired Indian citizenship on April 30, 1983. The petition further alleges that her name was removed from the electoral roll in 1982 and appeared again in 1983.
The allegations include questions over how her name could have been included in the voter list before she obtained Indian citizenship and whether any documents were used to facilitate the entry. These remain allegations and have not been established by the court.
Court questions magistrate’s earlier order
Special Judge Vishal Gogne set aside the magistrate’s order, describing it as “non-speaking” and finding legal shortcomings in the way the complaint was considered. The court said the magistrate had not adequately examined whether the allegations disclosed a cognisable offence.
The court also pointed to non-compliance with Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). According to the order, the magistrate had not heard the submissions of the police officer concerned or called for a police status report before deciding the complaint.
The earlier magistrate had rejected the plea, observing that the complaint lacked sufficient material to establish allegations of cheating or forgery. The court had also noted that the material relied upon included a photocopy of a photocopy of the 1980 electoral roll rather than a certified document.
Matter sent back for fresh hearing
The Rouse Avenue Court has now sent the matter back to the magistrate for fresh consideration and a reasoned order. The complainant’s arguments will be heard again, along with the relevant police submissions.
The next hearing has been fixed for September 29.
