Court hears plea on Sonia Gandhi's name in 1980 electoral roll

A Delhi court is hearing a revision petition challenging a lower court's refusal to order an FIR against Sonia Gandhi. The case pertains to her name being on the 1980 electoral roll before she became an Indian citizen in 1983.

The Rouse Avenue court on Saturday asked the counsel to file written submissions within one week. Senior counsel for complainant Vikas Tripathi concluded the rebuttal arguements.

Arguments in Court

This matter pertains to the inclusion of Sonia Gandhi in the electoral roll without becoming an Indian citizen. The complainant has also sought permission to file a report of the Election Commission of India in the court.

The court is hearing a revision filed against a Magistrate's court order refusing an order for registration of FIR. This order illegal and improper, the counsel said. The counsel for Sonia Gandhi also said that he wants to make some submissions. The court has listed the matter for hearing on May 16.

Complainant Alleges Forgery

Special Judge Vishal Gogne heard the rebuttal arguements by senior advocate Ajay Burman on behalf of complainant Vikas Tripathi. Senior advocate submitted that no plausible explanation was given as to how Sonia Gandhi's name was included in the electoral roll in 1980 without becoming an Indian citizen. She was not a citizen of India. She became an Indian citizen in 1983.

He also argued that the order passed by the Additional Chief Judicial Magistrate (ACJM) is not proper. Even the ATR was not called, saying that the court can't look into the electoral matter. It is an illegal order passed by the trial court. She was not a citizen of India at the date her name was included in the electoral roll. It may be anything, forgery or cheating, or wrong declaration, senior counsel submitted.

He further submitted that a wrong declaration is cheating in the IPC. There is a news article from 1999, the counsel argued.

'Fishing and Roving Inquiry'

In the last hearing on March 30, the Court asked the counsel for Sonia Gandhi, " How will you bypass the issue that Sonia Gandhi became a voter prior to she became citizen of India in 1983?" Senior advocate R S Cheema, counsel for Sonia Gandhi, submitted that it is a fishing and roving inquiry, ACJM concluded it rightly.

Senior advocate Ajay Burman alongwith Advocate Neeraj, appeared for complainant Vikas Tripathi. It was argued by Senior Advocate Burman that it was not possible to get the name included in the voter list without becoming an Indian Citizen. We are trying to show the court that only by a forged document or fraud could it have been done

Court Questions Gandhi's Counsel

The Court had said, " You are here before the court asking for an FIR. The matter is nearly half a century old. Who is going to be investigated? You are expanding the ambit." Senior counsel for petitioner Vikas Tripathi had submitted that they are in knowledge of this fact. We have now acquired a copy from the Election Commission. We had applied for a copy of the roll and the attested copies were provided.

The court had said, " As on date, the only information that you are disclosing is the circumstance of addition and deletion. "This is a case of a declaration made by a foreign citizen. We are able to show that a prima facie false declaration was made, and it needs to be investigated", the counsel for the complaint said.

"We are asking for an investigation into forged documents and forgery", a senior advocate submitted. Court asked the counsel for Sonia Gandhi, "How will you bypass the issue that she was on the electoral roll in 1980 but became a citizen in 1983...This is the fundamental issue.

Senior advocate RS Cheema alongwith Advocate Tarannum Cheema, appeared for Sonia Gandhi. He contended, "Has there been any evidence to show whether she was a citizen before she applied for it...Can nobody be a citizen before filing an application?"

Additional Chief Judicial Magistrate (ACJM) was very clear that what you are asking is a roving and fishing inquiry against the officials of the Election Commission, a senior advocate said. An important question is whether it is essential that a person gets enrolled as a voter only by an application, Senior Advocate Cheema questioned.

Counsel for Petitioner (Vikas Tripathi ) sought time to go through the judgments placed on record by Sonia Gandhi The court is hearing the revision petition against the order refusing the order for registration of an FIR.

Vikas Tripathi had moved an application against Sonia Gandhi, which was dismissed by the ACJM of the Rouse Avenue court. He allowed that the name of Sonia Gandhi was included in the electoral roll prior she became Indian Citizen. (ANI)

(Except for the headline, this story has not been edited by Asianet Newsable English staff and is published from a syndicated feed.)