A Delhi court on Monday ordered lodging of an FIR against AAP leader Ashutosh for allegedly tarnishing the image of Mahatma Gandhi by making obscene comments in 2016.
Additional Chief Metropolitan Magistrate (ACMM) Ekta Gauba ordered registration of the case on a complaint by an individual, Yogender.
“I found that in the present case, prima facie there are sufficient grounds for the registration of FIR in the cognisable offences under Section 292/293. Hence, SHO, police station Begumpur, is directed under 156 (3) CrPC to register an FIR for the offences... against the respondent Mr. Ashutosh Kumar to investigate the matter under the relevant provisions of law,” the ACMM said in the order. “Mr. Ashutosh Kumar has tried to gain public attention by tarnishing the revered image of Mahatma Gandhiji thereby his respect in the minds of people to settle political score and made allegations, which tend to corrupt the minds of the readers, including the younger generation, which in my view are cognisable offences,” the ACMM, further, said.
Open letter
According to the complainant in the matter, Yogender, Mr. Ashutosh in an open letter on his blog had made certain allegations against Mahatma Gandhi, Jawaharlal Nehru, Atal Bihari Vajpayee and other leaders while defending AAP MLA Sandeep Kumar in a rape case in 2016.
The Delhi Police had booked the MLA under Sections 376 (rape), 328 (causing hurt by means of poison with intent to commit an offence) of IPC, under Section 67A of the IT Act (punishment for publishing or transmitting of material containing sexually explicit act) and under Section 7 of the Prevention of Corruption Act (public servant taking gratification for an official act).
Regarding comments against the other leaders, the ACMM said that they were general in nature and not specific, so, it could not fall within the ambit of obscenity.
The allegations against Mahatma Gandhi were specific, vulgar and obscene, the ACMM said while asking the SHO to lodge a case against the AAP leader.
