NEW DELHI: A Delhi court on Monday set aside a magistrate’s order that had refused to order an FIR into allegations that Congress leader Sonia Gandhi’s name was included in the electoral roll in 1980, nearly three years before she acquired Indian citizenship.
Special Judge Vishal Gogne of the Dwarka/Rouse Avenue court termed the earlier order a “non-speaking” order and found that it suffered from legal shortcomings, including non-compliance with provisions relating to the consideration of an FIR request. The matter has now been remanded to the ACJM court for fresh consideration, with the next hearing scheduled for September 29.
The complaint was filed by advocate Vikas Tripathi, who alleged that Sonia Gandhi’s name appeared in the electoral roll for the New Delhi constituency in 1980, although she acquired Indian citizenship on April 30, 1983. The complaint alleged that forged or false documents may have been used to facilitate the electoral-roll entry and sought a police investigation.
According to the complaint, her name was subsequently deleted from the electoral roll in 1982 and appeared again in 1983 after she acquired Indian citizenship.
The magistrate had earlier rejected the plea seeking registration of an FIR. The complainant subsequently approached the higher court challenging that decision.
In setting aside the order, the special court said the magistrate had not adequately considered the allegations or obtained a status report from the concerned police station. It also observed that the lower court had focused on the citizenship issue instead of first examining whether the complaint disclosed a cognisable offence.
The fresh hearing will consider the submissions of the complainant, police and other concerned parties before the ACJM court decides the FIR plea.
