The Crossbill News Desk
Congress MP Sonia Gandhi has told a Delhi court that a plea seeking the registration of an FIR against her over her inclusion in the electoral rolls more than four decades ago is politically motivated and an abuse of the legal process.
Filing a detailed reply, the senior Congress leader opposed a criminal revision petition that challenges a magistrate’s September order refusing to direct the police to lodge an FIR against her, Live Law reported.
The petition was filed by one Vikas Tripathi, who has alleged that Gandhi’s name was included in the electoral rolls of the New Delhi constituency in 1980 through forged documents, before she acquired Indian citizenship.
Gandhi, however, has rejected the allegations as “wholly misconceived, frivolous and abuse of the process of law”.
In her response, Gandhi pointed out that issues relating to citizenship fall exclusively within the jurisdiction of the Union government, while disputes concerning electoral rolls are the sole prerogative of the Election Commission of India — a position already noted by the magistrate’s court. She said the plea contained no credible material or source to back its claims.
“In para 7 again it is claimed that the name of the answering respondent was added to the electoral roll pursuant to an application moved by her. There are no details/particulars; no copy is attached; and no assertion is made that any application was made to obtain a copy of the imaginary application,” Live Law quoted her response as saying.
Gandhi also argued that the allegations relate to events that allegedly took place over 40 years ago, making it impossible for anyone to now search for or place on record evidentiary material.
“It is well settled that such extremely stale allegations ought not to be entertained, as such malicious prosecution is violative of the letter and spirit of Article 21 of the Constitution,” her response stated.
Tripathi’s complaint alleges that Gandhi’s name appeared in the electoral rolls in 1980, even though she is said to have acquired Indian citizenship only in April 1983.
He further claimed that her name was deleted from the rolls in 1982 and re-entered in 1983, alleging that forged documents must have been used to facilitate the inclusion.
The court is now expected to consider Gandhi’s response while hearing the revision petition challenging the earlier order that declined to direct the registration of an FIR against her.
Filing a detailed reply, the senior Congress leader opposed a criminal revision petition that challenges a magistrate’s September order refusing to direct the police to lodge an FIR against her, Live Law reported.
The petition was filed by one Vikas Tripathi, who has alleged that Gandhi’s name was included in the electoral rolls of the New Delhi constituency in 1980 through forged documents, before she acquired Indian citizenship.
Gandhi, however, has rejected the allegations as “wholly misconceived, frivolous and abuse of the process of law”.
In her response, Gandhi pointed out that issues relating to citizenship fall exclusively within the jurisdiction of the Union government, while disputes concerning electoral rolls are the sole prerogative of the Election Commission of India — a position already noted by the magistrate’s court. She said the plea contained no credible material or source to back its claims.
“In para 7 again it is claimed that the name of the answering respondent was added to the electoral roll pursuant to an application moved by her. There are no details/particulars; no copy is attached; and no assertion is made that any application was made to obtain a copy of the imaginary application,” Live Law quoted her response as saying.
Gandhi also argued that the allegations relate to events that allegedly took place over 40 years ago, making it impossible for anyone to now search for or place on record evidentiary material.
“It is well settled that such extremely stale allegations ought not to be entertained, as such malicious prosecution is violative of the letter and spirit of Article 21 of the Constitution,” her response stated.
Tripathi’s complaint alleges that Gandhi’s name appeared in the electoral rolls in 1980, even though she is said to have acquired Indian citizenship only in April 1983.
He further claimed that her name was deleted from the rolls in 1982 and re-entered in 1983, alleging that forged documents must have been used to facilitate the inclusion.
The court is now expected to consider Gandhi’s response while hearing the revision petition challenging the earlier order that declined to direct the registration of an FIR against her.
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