Sonia Gandhi Electoral Roll Case: In a major setback to UPA Chairperson and Congress leader Sonia Gandhi, a special court in Delhi on Monday set aside a magistrate's order declining a probe into the alleged inclusion of Sonia Gandhi in electoral rolls three years before she became a citizen of India.
Special Judge Vishal Gogne, while allowing a revision plea against the order, said that the Additional Chief Judicial Magistrate Vaibhav Chaurasia's order was "non-speaking" and showed "non-application of mind".
The judge said that the magistrate, instead of considering the core aspect of whether the complaint disclosed commission of a cognisable offence, digressed towards the issue of citizenship.
"The impugned order suffers from a manifest error in law on account of non-compliance with Section 175(3) of Bharatiya Nagarik Suraksha Sanhita (BNSS), inter alia, not hearing the submissions of the police officer concerned and non-calling of a status report from the police station concerned," the judge said.
"The non-speaking nature of the order was evident as the magistrate did not consider the twin options under law; directing registration of FIR or alternatively, conducting proceedings under BNSS," he added.
The complaint, filed by advocate Vikas Tripathu, was rejected by ACJM Chaurasia on September 11. The complaint sought an FIR against Sonia Gandhi, alleging that she was included in the electoral list even before she acquired Indian citizenship in 1983.
The court remanded the matter back to the magistrate to pass a reasoned order after hearing fresh arguments. The matter has been posted for further proceedings on September 29.
(With PTI Inputs)