New Delhi: The Rouse Avenue Court on Monday has set aside the order of the Magistrate Court in a case related to the alleged inclusion of Congress leader Sonia Gandhi’s name in the voter list before she became an Indian citizen.
Special Judge Vishal Gogne allowed the revision petition filed against the Magistrate Court order.
The matter has been sent back to the Magistrate Court for a fresh hearing and a reasoned order.
The matter has been listed for September 29.
The complaint was filed by advocate Vikas Tripathi. It alleged that Sonia Gandhi’s name was included in the New Delhi electoral roll in 1980, before she became an Indian citizen.
The complaint stated that Sonia Gandhi became an Indian citizen in April 1983.
It alleged that her name was included in the voter list before she obtained Indian citizenship.
The complaint also raised allegations of forgery and fraud.
The Magistrate Court had earlier dismissed the complaint seeking registration of an FIR against Sonia Gandhi.
The order was then challenged before the Sessions Court through a revision petition.
The Sessions Court said the Magistrate Court had rejected the complaint on the basis of a photocopy of an uncertified record. The court said the order was liable to be set aside.
The Sessions Court also termed the observations of the Magistrate Court regarding jurisdiction over citizenship issues as perverse
It said the order under challenge was a non-speaking order as it did not clearly deal with whether a cognisable offence was disclosed.
The court further said that the observations regarding the Central Government and the Election Commission in relation to citizenship were improper.
Sonia Gandhi’s legal team opposed the proceedings.
Senior Advocate R.S. Cheema appeared for Sonia Gandhi and strongly opposed the revision petition.
The court has now remanded the matter to the Magistrate Court for fresh consideration.