NEW DELHI: A Delhi court today termed as "totally frivolous" and rejected a plea to direct the police to lodge an FIR against UPA Chairperson Sonia Gandhi on allegations of cheating by impersonation by using her nickname instead of 'Antonia Maino Gandhi'.
Additional Chief Metropolitan Magistrate Samar Vishal dismissed a private complaint of an Uttar Pradesh lawyer, noting that the reason for making the allegation was that on the citizenship certificate, she had signed at the place of the name of grantee as 'Antonia Maino Gandhi', which "cannot be stated to be personation because a person can sign in any manner he likes".
"The citizenship certificate was granted to her in the name of Sonia Gandhi alias Antonia Maino w/o Rajiv Gandhi as is reflected from the citizenship certificate filed by the complainant himself."
"Her signature as Antonia Maino Gandhi cannot be stated to be personation because a person can sign in any manner he likes. It is not necessary that a person must sign in his name only. Accordingly, it is not the case of personation as such," the court said.
The court also said "there are no allegations or averments in the complaint that the complainant has been cheated by respondent Sonia Gandhi by impersonation.
As there is no allegations of cheating itself, therefore the offence of cheating by impersonation punishable under section 416 IPC is to be made out in this case," the court said.
It said that the registration certificate must have been granted to Sonia Gandhi as per rules and law.
"Complainant has no locus standi to challenge it after a long time and on such a frivolous plea that the signatures done by her does not match her name in the registration certificate. The present complaint is totally frivolous in nature and no offence is made out in this case."
"Therefore, this court cannot pass any direction for registration of FIR against the respondent and since no offence is made out in the complaint, even I do not deem it fit to take cognizance of this complaint as no offence is disclosed to have been committed by the respondent in this case," the judge said.
According to the complaint, Gandhi's real name was Antonia Maino Gandhi whereas she obtained the certificate in the name of Sonia Gandhi.
Lawyer Asok Pande, in his complaint, had alleged that 'Sonia Gandhi' was mentioned as "alias or nick" name in the citizenship records which contained 'Antonia Maino Gandhi' as the original name for grant of citizenship.
He also alleged that by using the political power available with the family, the original name 'Antonia Maino Gandhi' was not used in the voters' list and other documents by the UPA Chairperson who is an MP.
The complainant said that "being aggrieved by the wrong personification and the continuous fraud and cheating being done by Antonia Maino Gandhi, the applicant moved representation after representation to the concerned authorities in ministry of home affairs and Election Commission but no action was taken by these authorities on the issue".