Court junks plea for probe against Sonia Gandhi's on inclusion of name in electoral roll
New Delhi, Sep 11 (PTI): A Delhi court on Thursday dismissed a plea seeking probe against senior Congress leader Sonia Gandhi alleging she was included in electoral rolls three years before acquiring Indian citizenship in 1983.
Observing the issue of citizenship squarely fell under the “exclusive constitutional and statutory mandate of the central government”, additional chief judicial magistrate Vaibhav Chaurasia said, "Such a course, in substance, amounts to a misuse of the process of law by projecting a civil or ordinary dispute in the garb of criminality, solely to create a jurisdiction where none exists.”
The complaint, the court said, was "fashioned with the object of clothing the court with jurisdiction through allegations which are legally untenable, deficient in substance, and beyond the scope of this forum’s authority".
"Such a stratagem constitutes nothing but an abuse of the process of law, which this court cannot countenance," it added.
The complaint was filed by advocate Vikas Tripathi, vice president of the Central Delhi Court Bar Association of the Rouse Avenue courts.
Tripathi’s counsel, senior advocate Pavan Narang, alleged in January 1980, Gandhi's name was added as a voter of the New Delhi constituency when she was not an Indian citizen.
He claimed "some forgery" and a public authority being "cheated".
The court, however, held the complainant sought to set the criminal law in motion by persuading the court to assume jurisdiction which did not vest in it legally.
"A scrutiny of the averments discloses that an endeavour has been made to invoke the provisions relating to the offences of cheating and forgery in order to provide a colour of jurisdiction before this forum. However, the fundamental ingredients necessary to constitute the alleged offences are conspicuously lacking."
The court observed "mere bald assertions, unaccompanied by the essential particulars required to attract the statutory elements of cheating or forgery" cannot substitute a legally sustainable accusation.
The plea was merely relying upon an extract of the electoral roll, which was "a photocopy of a photocopy of an alleged extract of an uncertified electoral roll" of 1980.
Deprecating the complaint, it said, "Such a course, in substance, amounts to a misuse of the process of law by projecting a civil or ordinary dispute in the garb of criminality, solely to create a jurisdiction where none exists."
The court underscored it was not empowered to adjudicate upon questions relating to citizenship, which were under the exclusive constitutional and statutory mandate of the Centre.
"Likewise, the authority to determine the eligibility of a person to be included in or excluded from the electoral roll and electoral offences thereof with predicate offence qua IPC/BNS is vested solely in the Election Commission of India under the Representation of the People Act, 1950, Representation of People Act, 1951 and the allied enactments," the order said.
The judge said, "Any attempt by this court to embark upon such an inquiry would result in an unwarranted transgression into fields expressly entrusted to the competent constitutional authorities and would be a violation of Article 329 ( bar to interference by courts in electoral matters) of the Constitution."
The court said the private complaint could not be allowed to encroach upon the territory exclusively ordained for the Election Commission of India and the Central Government, as citizenship was the exclusive relationship between the sovereign state and its subjects.
"Whatever cannot be done directly, cannot be done indirectly. Mere addition of predicate offences under the Bharatiya Nyaya Sanhita (BNS), with the mask of cognisability, will not justify any interference in the constitutional functionaries by this court," the order said.
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TMC's reign of terror prevails in West Bengal: Rahul
New Delhi (PTI): Congress leader Rahul Gandhi on Sunday strongly condemned the killing of party worker Debdeep Chatterjee allegedly by TMC goons, and said his party will not bow before this politics that stains India's non-violent tradition.
Chatterjee was brutally murdered in Asansol during post-poll violence. He was closely associated with Asansol North Congress candidate Prasenjit Puitandi, the party claimed.
The worker was attacked and beaten by those linked to the ruling All India Trinamool Congress and succumbed to injuries shortly thereafter, the West Bengal Congress alleged.
"The murder of Congress worker Debdeep Chatterjee by TMC-affiliated goons after the elections is utterly reprehensible. My deepest condolences to the grieving family," Gandhi said in a post on X.
"In West Bengal today, it is not democracy but TMC's reign of terror that prevails. Intimidating, attacking, and eliminating opposing voices after votes are cast -this has become the defining character of TMC," Gandhi also said.
He said the Congress' politics has never been based on violence, nor will it ever be.
"We too have lost our workers, yet we have always chosen the path of non-violence and the Constitution. This is our legacy, this is our resolve. "The demand is clear -immediate arrest of all the guilty, the harshest punishment, and grant full security and compensation for Debdeep's family," the former Congress chief said.
"We will not bow before this politics that stains India's non-violent tradition. Justice will be done," Gandhi said.
The West Bengal Congress, in a post on its X handle, said this tragic incident exposes the complete collapse of law and order in the state and raises serious questions about the safety of opposition workers in West Bengal.
"The fact that such violence has occurred immediately after polling highlights a deeply disturbing pattern of political intimidation and vendetta," it said.
The Congress stands firmly with the bereaved family and demands immediate arrest of all those responsible for this heinous crime and a fair, impartial, and time-bound investigation. It also said adequate compensation and protection for the victim's family.
"It is deeply concerning that even an FIR had not been registered at the time of reporting, further indicating administrative apathy in the face of such a grave incident.
"The Indian National Congress reiterates that democracy cannot survive in an atmosphere of fear and violence. We will continue to raise our voice against such atrocities and fight to ensure justice for every victim," the party said.
The Congress said the murder of Chatterjee by goons associated with TMC is highly condemnable and termed it a direct attack on democracy.
"Democracy in West Bengal has ended, and TMC's reign of terror continues. Silencing and subduing opposing voices through violence has become TMC's hallmark. We demand that the culprits be arrested immediately and given the harshest possible punishment. We will not allow the democracy of our country to be destroyed by these anti-people forces," the Congress said.
