Delhi’s Rouse Avenue Court on Monday overturned a 10-day-old magistrate court order in the voters’ case against Sonia Gandhi. On 11 September, the magistrate had rejected the request to register an FIR and order a police investigation into allegations of fraud and forgery against Sonia.
The petition was filed by advocate Vikas Tripathi. It alleges that Sonia Gandhi’s name was included in the electoral roll for the New Delhi parliamentary constituency in 1980, even though she acquired Indian citizenship in 1983.
The complaint said her name was removed from the electoral roll in 1982 and included again in 1983. It alleged that this re-inclusion also took place before she acquired citizenship on 30 April 1983.
Judge says the allegations were not properly investigated
The magistrate’s order did not discuss how the name was included in 1980, removed in 1982 and re-included in 1983.
Instead of deciding whether the allegations disclosed a cognizable offence, the magistrate declared the complaint lacking in necessary details.
The magistrate’s order did not comply with Section 175(3) of the Indian Civil Service Code (BNSS), which allows a magistrate to order a police investigation into a cognizable offence.
The magistrate’s order on 11 September stated that there was insufficient evidence
The court rejected the demand for an FIR and a police investigation against Sonia Gandhi, stating that the complaint did not sufficiently state the facts and evidence necessary to establish the crimes of fraud and forgery.
The complaint was primarily based on a “photocopy of a photocopy” of the 1980 voter list, which was not a certified document. The court held that merely making allegations, without the necessary details and concrete basis, was not legally sufficient.
The magistrate also said that the issue of citizenship falls within the jurisdiction of the central government. It is within the jurisdiction of the Election Commission to determine the eligibility of a person for inclusion or exclusion from the voters’ list.
What will happen next in Sonia’s voter case?
The Rouse Avenue Court remanded the matter to the magistrate, who must make a fresh and reasoned order in accordance with the requirements of section 175(3) of the BNSS.
Additionally, a fresh hearing has been ordered on the complainant’s arguments. The next hearing in the case will be on 29 September.
The Rouse Avenue Court’s order does not mean that the allegations against Sonia Gandhi have been proven. The court has simply set aside the magistrate’s order refusing to investigate and ordered a fresh consideration of the case.
