Setback for Sonia Gandhi: Court scraps order refusing probe in electoral roll case
A Delhi court has set aside a magistrate's order that refused to investigate allegations regarding the inclusion of Sonia Gandhi's name in the 1980 electoral rolls. The court ruled the original order was legally insufficient and remanded the case back for a reasoned decision.
Why it matters
The case involves high-profile political figures and questions regarding citizenship and electoral integrity, which are sensitive topics in Indian domestic politics.
NEW DELHI: A Delhi court on Monday allowed a revision plea challenging a magistrate's order refusing to probe the allegation that Congress leader Sonia Gandhi's name was included in the electoral roll in 1980, three years before she acquired Indian citizenship.Special Judge Vishal Gogne delivered the judgment two days after deferring it. He quashed the order as "non-speaking" or an order that does not explain the reasons behind a judge's conclusion."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 Special Judge noted."The 'non-speaking' nature of the order was evident as the magistrate did not consider the twin options under law of directing the registration of an FIR or alternatively conducting proceedings under the…
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