Criminal Complaint in Delhi Court Seeks Probe Into Sonia Gandhi’s Electoral Roll Entry Before Citizenship

The matter came up on Tuesday before Additional Chief Judicial Magistrate Vaibhav Chaurasia of Rouse Avenue Court who posted it for further hearing on September 10.

The application filed by Advocate Vikas Tripathi was filed under Section 175(4) of the Code of Criminal Procedure, which empowers a magistrate to order an investigation. It requests directions to the police to examine how Gandhi’s name came to be included in the voter list despite her alleged ineligibility at that time.

Senior Advocate Pavan Narang, appearing for the complainant, Vikas Tripathi, submitted that documents show Sonia Gandhi acquired Indian citizenship on April 30, 1983. However, her name was included in the electoral roll for the New Delhi constituency as early as 1980.

Narang told the Court that her name was deleted from the roll in 1982, only to be re-entered in 1983 after she obtained citizenship. “The reason for the deletion is nowhere to be found. There can be two reasons, either someone takes the citizenship of another country or files a Form 8 (application for correction in particulars). But the prerequisite is that the person has to be a citizen,” Narang said.

He questioned what documents were submitted to the Election Commission when her name was first included in 1980. “There is some forgery, and a public authority has been cheated,” he alleged, urging the Court to direct the registration of an FIR under appropriate provisions of law.

Narang clarified that he was not seeking to prejudge the case but only to trigger a lawful inquiry. “My limited request is to either direct the police to register an FIR. Whether the offences are made out or not is the domain of the police,” he submitted. He further requested that, in the interim, the court issue notice to the police to file a status report.

After hearing the submissions, the ACJM fixed the matter for consideration on September 10. No immediate directions were passed regarding investigation or notice to the police.

Sonia Gandhi, born in Italy, moved to India after marrying Rajiv Gandhi in 1968. She applied for Indian citizenship in 1983 and has since been a naturalized Indian citizen. Her citizenship has been a recurring point of political attack, especially from her opponents in the Bharatiya Janata Party and allied groups, who have questioned both the timing and the process of her naturalization.

Over the years, challenges to her citizenship status have reached various forums. In the early 2000s, a petition was filed before the Supreme Court questioning her eligibility to hold constitutional office on the ground of her foreign origin. The Court dismissed the plea, holding that she was a valid Indian citizen. In 2004, ahead of the general elections, the issue resurfaced when she was set to become Prime Minister after the Congress-led UPA’s victory. Intense political opposition over her foreign origin ultimately led her to decline the post, paving the way for Dr. Manmohan Singh’s appointment.

The present plea focuses narrowly on the question of electoral rolls. Under Indian law, only Indian citizens are entitled to be included as voters. If, as alleged, Sonia Gandhi’s name was indeed entered in 1980 before she was legally entitled, the matter could raise questions about procedural lapses or deliberate misrepresentation before the Election Commission.

At the same time, electoral rolls are compiled and revised by local officials, and errors of inclusion or deletion are not uncommon. Whether the alleged inclusion in 1980 was a mistake, a result of incomplete verification, or something more serious, would be a matter for investigation if the court directs one.

The September 10 hearing will be crucial in determining whether the magistrate is satisfied to order an inquiry under Section 175(4) CrPC.