Tuesday, Apr 12, 2005
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By Our Legal Correspondent
NEW DELHI, APRIL 11. The Supreme Court today rejected at the admission stage a writ petition filed by the Janata Party president, Subramanian Swamy, for a direction to the Election Commission to register a complaint against the Congress president, Sonia Gandhi, for filing a "false affidavit" about her education qualification in the nominations for the 2004 Lok Sabha polls from Rae Bareli in Uttar Pradesh. A Bench, consisting of the Chief Justice, R.C. Lahoti, and Justice G.P. Mathur, dismissed the petition after hearing Dr. Swamy, who alleged that by filing the affidavit, Ms. Gandhi had committed perjury and was liable for prosecution. However, the Bench said that she had not suppressed the fact that she had done the certificate course in English from the Lennox Cook School, Cambridge University, and declined to entertain the petition. To a question from the Bench as to "what is wrong with the order passed by the District Election Officer (cum Returning Officer)," Dr. Swamy said that on inquiry from him the University of Cambridge had informed that Ms. Gandhi was never registered as a student there. He alleged that the certificate in English course could have been obtained from any one of the small English teaching shops in Cambridge and this could not be construed as having been a student of Cambridge University. He said the Returning Officer had rejected his complaint stating that there was no personal knowledge. He said the affidavits were being filed by candidates contesting the elections on the basis of the orders passed by the Supreme Court. "If the affidavit has to have any sanctity it must be accurate and the court's orders should not be a dead letter," Dr. Swamy said. The Returning Officer had sufficient information to get a First Information Report registered against Ms. Gandhi under various Sections of the India Penal Code, 177 (furnishing false information), 181 (false information on oath), 191 (giving false information) read with 193 (Punishment for false evidence) of IPC but he failed to register a case, he submitted. Dr. Swamy said that he met the three Election Commissioners on December 23, 2004 and he was assured that if no action was taken within two days, the Commission would consider issuing a direction to the Returning Officer to decide the matter. Thereafter, he received a letter from the Returning Officer rejecting his complaint. He sought a direction to the Commission and the Returning Officer to register a complaint against Ms. Gandhi before the court concerned but the Supreme Court Bench turned down the request.
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