A Delhi Court recently comprising of a bench of Additional Chief Metropolitan Magistrate (ACMM) Dharmender Singh discharged BJP MP Hans Raj Hans in a case alleging that he furnished false and incorrect information at the time of filing of nomination form while contesting in the Lok Sabha Elections, 2019 from North West Delhi Constituency. (State Vs. Hans Raj Hans)
The bench of Rouse Avenue Court observed that there was no prima facie case made out against Hans while discharging him in the matter.
Facts of the case
A complaint was filed against Hans by one Rajesh Lilothia claiming that at the time of filing of nomination form Hans furnished false information in affidavit and did not disclose the material facts in it.
He alleged that the accused did not give the correct information regarding his educational qualifications, financial status of his wife, income of his dependents and regarding holding of office in National Safai Karamchari Commission.
Delhi Police had chargesheeted Hans Raj Hans for allegedly providing ambiguous information with respect to his educational qualification and tax liabilities of his and his family after a criminal case was filed after the 2019 Lok Sabha elections.
Contention of the Parties
The complaint had alleged that the BJP functionary had stated his educational qualification as “MATRIC”, however, he further pursued the studies and passed “PREP” (equivalent to Class XI) from DAV College, Jalandhar.
Courts Observation and Judgment
The Court said, "This court is of the considered view that as per the record filed on behalf of Investigating Officer, accused had resigned from said post in April 2019 and as per prosecution he filed the nomination after the resignation from said post so, as per the requirement of Form-26/Affidavit it was not required to mention the office from which a candidate had resigned."
Furthermore it observed: "Perusal of Form-26/affidavit shows that a candidate is required to mention his income and movable and immovable assets and is not required to separately mention the remuneration which has been received by him in the past."
The court taking note of the contention of the Parties noted that according to the report filed by the IO, it was stated that Hans did not pass "PREP" from said college.
The Court said, "...it is clear that accused has given the correct information regarding his educational qualifications in his affidavit/Form-26."
The court taking note that no prima facie case was made out against Hans discharged him in the case and remarked, "Except the allegations, no material has been brought on record on behalf of prosecution to prove that both sons of accused are dependent upon him."
Read Judgment;
SOURCE ; .latestlaws.com/
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