A Delhi special court has set aside a magistrate’s order that rejected a complaint seeking an FIR against Congress leader Sonia Gandhi. The complaint alleges that her name was included in an electoral roll before she acquired Indian citizenship. Special Judge Vishal Gogne allowed the revision petition challenging the earlier order and sent the matter back to the magistrate. The court directed the magistrate to reconsider the complaint and pass a fresh, reasoned order. The next hearing has been scheduled for September 29.
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Delhi Court Orders Fresh Hearing in Sonia Gandhi Electoral Roll Case
The complaint was filed by advocate Vikas Tripathu and sought a police investigation into the electoral roll allegation. Additional Chief Judicial Magistrate Vaibhav Chaurasia had rejected the complaint on September 11. The special court later described the order as “non-speaking” and said it did not adequately address whether the complaint disclosed a cognisable offence. The court observed that the magistrate had focused on the citizenship issue instead of examining the core legal question. It therefore directed the lower court to reconsider the matter.
Special Judge Vishal Gogne also referred to Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The court noted that the earlier proceedings did not include submissions from the concerned police officer. It also pointed out that the magistrate had not called for a status report from the relevant police station. According to the court, the magistrate should have considered the legal options available under the BNSS. These included ordering an FIR or proceeding with the complaint through the alternative legal process.
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Court Flags Issues With Earlier Order
The complaint alleges that Sonia Gandhi’s name appeared on an electoral roll before she obtained Indian citizenship in 1983. These allegations remain subject to judicial consideration and have not been established by the court. The special court’s order does not determine whether the allegations are true. Instead, it requires the magistrate to reconsider the complaint after following the appropriate legal procedure. The matter will now return to the lower court for further proceedings.
The Delhi court has remanded the case to the magistrate for fresh consideration after hearing arguments from the relevant parties. The magistrate will now examine the complaint in light of the observations made by the special court. The matter has been listed for further proceedings on September 29. The fresh hearing will determine the next legal course in the case. Further developments will depend on the proceedings before the magistrate.
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