A Delhi sessions court has set aside a previous magistrate order related to a controversy involving Congress leader Sonia Gandhi's inclusion in the voter list. The case revolves around allegations that Gandhi's name was entered into the electoral rolls back in 1983, roughly three years before she formally acquired Indian citizenship. The complaint was originally filed by advocate Vikas Tripathi, seeking a thorough judicial inquiry into the matter.
Background of the Complaint and Magistrate's Earlier Stance
Advocate Vikas Tripathi had approached the magistrate court alleging procedural discrepancies in the voter registration dating back decades. On September 11, 2025, the magistrate had refused to order an investigation into the complaint. Dissatisfied with the outcome, Tripathi challenged the decision in the sessions court, paving the way for a higher judicial review of the matter.
Special Judge Vishal Gogne reviewed the petition and noted that the magistrate's order lacked proper legal procedural compliance. The sessions court observed that the magistrate should have consulted police authorities and sought a status report from the concerned police station before dismissing the complaint outright.
Key Observations by the Sessions Court
The sessions court strongly criticized the approach taken by the lower court, noting that it failed to address the fundamental question of whether a cognizable offense was made out in the complaint. Instead of focusing purely on the core criminal aspects, the magistrate shifted focus prematurely onto citizenship nuances without following due process.
"At the stage of inquiry, the primary question should have been whether the complaint discloses facts pointing to a cognizable offense. This aspect was not properly considered." — Special Judge Vishal Gogne
The court has now remanded the matter back to the magistrate with strict directives to hear arguments afresh and pass a reasoned order in accordance with the law. The sessions court clarified that its order does not establish any guilt or validate the allegations against Sonia Gandhi, but merely rectifies the procedural flaws of the previous order.
