The Delhi High Court on Monday stayed the summons issued by a trial court to Sunita Kejriwal, the wife of Delhi Chief Minister Arvind Kejriwal, in response to allegations of violating provisions of the Representation of the People (RP) Act, 1951, by enrolling in the voter lists of two different constituencies.
The stay on the summons was granted by Justice Amit Bansal until the next date of hearing, which is scheduled for February 1, 2024.
Senior Advocate Rebecca John, representing Sunita, argued that the offense under the RP Act is only established if a person submits a false declaration. In this case, she contended that the BJP leader Harish Khurana did not provide any evidence to prove the submission of a false declaration.
A Delhi court had issued summons to Sunita in a case filed by Delhi Bharatiya Janata Party (BJP) leader Harish Khurana in 2019, alleging that she was registered as a voter on the electoral rolls of Sahibabad (Ghaziabad constituency) and Chandni Chowk in Delhi, which was in violation of Section 17 of the RP Act.
The complaint also alleged that she could be punished for offences under Section 31 of the Act, which pertains to making false declarations.
Metropolitan Magistrate Arjinder Kaur of Tis Hazari court had stated, "After considering the testimony of the complainant and other witnesses, this court is of the considered opinion that a prima facie case is made out against accused person namely, Sunita Kejriwal W/o Sh. Arvind Kejriwal for the alleged commission of the offences punishable under Section 31 of the Representation of Peoples Act, 1950. Hence, the accused be summoned accordingly."
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