NEW DELHI: A Delhi court on Monday set aside a magistrate’s order that had refused to probe Congress leader Sonia Gandhi’s alleged inclusion in electoral rolls three years prior to her acquiring Indian citizenship.The judgment, delivered by a Special Judge at Delhi’s Dwarka court after being deferred on September 19, heavily criticized the lower court’s handling of the complaint.According to the Special Judge, the magistrate’s order showed a clear “non-application of mind,” prompting the court to send the matter back with directions for a fresh hearing of arguments.“The magistrate’s order is non-speaking, showing non-application of mind,” referring to an order that does not explain the reasons behind a judge’s conclusion.“The magistrate’s order branded the complaint as lacking particulars and suffers from a manifest error of law. Instead of directing the filing of an FIR, the order digresses towards the issue of citizenship,” the Special Judge added.In September last year, advocate Vikas Tripathi filed a plea in a Delhi court seeking action against Sonia Gandhi claiming her name appeared on the electoral rolls three years before she became an Indian citizen.
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The plea had sought a police investigation into what it terms a possible case of forgery.The application had pointed to documents suggesting Sonia Gandhi took Indian citizenship on April 30, 1983. Yet, her name allegedly appeared as a voter in the New Delhi constituency roll in 1980, was deleted in 1982, and re-entered in April 1983 after she formally became an Indian citizen.Tripathi had approached the higher court after the magistrate’s court dismissed his plea.(With PTI inputs)
