New Delhi: A Delhi court on Monday set aside a magisterial order that had declined to direct registration of an FIR against Congress leader Sonia Gandhi over alleged fraudulent inclusion of her name in the electoral roll…

New Delhi: A Delhi court on Monday set aside a magisterial order that had declined to direct registration of an FIR against Congress leader Sonia Gandhi over alleged fraudulent inclusion of her name in the electoral rolls three years before she acquired Indian citizenship in 1983.Special Judge Vishal Gogne of the Dwarka Courts here held that the Additional Chief Judicial Magistrate’s order was a “complete non-speaking order” that suffered from non-application of mind and lacked proper reasoning. The court remanded the matter to the ACJM with directions to pass a speaking order after hearing the parties, conducting an inquiry and seeking the views of the concerned police officer. The case has been directed to be listed before the ACJM on September 29.Bengaluru: FIR over obscene AI videos targeting Sonia and Rahu​l GandhiThe revision petition was filed by Vikas Tripathi, challenging the ACJM’s September 11 order. Tripathi alleged that Gandhi’s name was entered in the electoral rolls of the New Delhi constituency in 1980, deleted in 1982 and re-entered in 1983, while she obtained Indian citizenship only in 1983. He claimed the inclusion was achieved through forged documents and sought registration of an FIR for offences including forgery and cheating.Judge Gogne observed that any allegation of tampering with electoral rolls or fraudulent inclusion of a non-citizen’s name “merits a reasoned order” on whether cognizable offences are made out. The court noted that the order contained no discussion on the sequence of inclusion, deletion and re-inclusion of Gandhi’s name, nor any examination of whether the complaint disclosed a cognizable offence.The special judge further held that the ACJM erred by not hearing the police officer concerned or calling for a status report, and that the lower court’s observations on the powers of the Central government regarding citizenship and those of the Election Commission of India were “wholly improper and incorrect.”Sonia Gandhi-led NAC was classic takeover of governance by ‘Dimagi Naxals’: RSS-linked magazineWhile setting aside the order, the court clarified that a revisional court cannot itself decide on the prayer for registration of an FIR under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita. Such an exercise, it said, must be performed by the magistrate after due inquiry.Senior Advocate Ajay Burman appeared for the petitioner. The lower court had earlier dismissed the complaint, holding that it could not encroach upon the jurisdiction of the Election Commission and that the allegations were based on uncertified photocopies of electoral roll extracts without essential particulars of cheating or forgery.

Source: Deccan Herald