Rouse Avenue Court defers hearing on plea against Sonia Gandhi roll

The Rouse Avenue Court deferred a hearing concerning a complaint about the inclusion of Sonia Gandhi's name in the 1980 electoral roll until November 6 due to a lawyers' strike. The case involves questions regarding citizenship and voter lists.

Legal Proceedings at Rouse Avenue Court

New Delhi [India], October 28 (ANI): The magistrate court at Rouse Avenue Court on Wednesday deferred the hearing of a complaint concerning the inclusion of Sonia Gandhi’s name in the electoral roll in 1980, before she became an Indian citizen in April 1983. The matter could not be heard due to a lawyers’ strike. The matter was remanded to the court of the Additional Chief Judicial Magistrate (ACJM) by the Sessions Court after it set aside the earlier order in which the ACJM had refused to direct the registration of an FIR against Sonia Gandhi. ACJM (MP-MLA cases) Vinod Joshi deferred the matter to November 6.

Background of the Revision Petition

On September 21, the Special Judge (MP-MLA cases) allowed the revision against the magistrate court’s order. The Sessions Court had set aside the order passed by the Additional Chief Judicial Magistrate in 2025. The order had been challenged by the complainant, advocate Vikas Tripathi. While allowing the petition, Special Judge Vishal Gogne observed that the complaint had been rejected on the ground that a photocopy of an unverified record had been submitted, and held that the order was liable to be set aside. “The order is a non-speaking order. It is liable to be set aside,” the Special Judge had said on September 21.

Court Observations on Citizenship and Records

The Sessions Court had said that it found the observation as perverse in relation to the jurisdiction on the issues of citizenship. It further noted that the order (under challenge) was a non-speaking order on the disclosure of whether a cognizable offence was committed or not. "Observation regarding the central government and election commission in relation to citizenship are improper," the court had said adding that it is Ineffective order on the disclosure of cognizance offence. The court also observed that as per the allegations, the name of Sonia Gandhi was included in the voter list in 1980. It was struck in 1982, and thereafter her name was added in 1983. The court had said that the voter list is meant for the citizens only. The court also noted that, as per the documents filed by the complainant, the name of Sonia Gandhi was in the voter list and her residential address was at Safdarjung Road, New Delhi.

Remand and Further Procedure

The Sessions Court also observed that the order under challenge did not record the reasons for rejecting the complaint and was, therefore, liable to be set aside. It held that the matter needed to be remanded back. The revisional court had said that it cannot assume the role of the magistrate court. The matter is remanded back and to be decided afresh. The court shall call for a status report from the concerned police officer and shall pass a speaking order after hearing the concerned police officer. Revisionist Vikas Tripathi had alleged that her name was included in the voter list prior to her becoming a citizen of India. (ANI)

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