Delhi Court sets aside Magistrate order refusing probe in Sonia Gandhi’s pre-citizenship electoral entry

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File image of Sonia Gandhi. File. | Photo Credit: PTI

A Delhi Court on Monday (September 21, 2026) allowed a revision plea challenging a September 11, 2025 Magistrate's order refusing to probe the allegation that Congress leader Sonia Gandhi's name was included in the electoral roll three years before acquiring Indian citizenship in 1983.

Special Judge Vishal Gogne quashed the Magisterial Court's order as "non-speaking". The order had dismissed a complaint filed by Advocate Vikas Tripathi, vice-president of the Central Delhi Court Bar Association of the Rouse Avenue courts.

"The impugned order suffers from a manifest error in law on account of non-compliance with Section 175(3) of Bharatiya Nagarik Suraksha Sanhita (BNSS), inter alia, not hearing the submissions of the police officer concerned and non-calling of a status report from the police station concerned," the Judge said.

He said the "non-speaking" nature of the order was evident as the Magistrate did not consider the twin options under law; directing registration of FIR or alternatively, conducting proceedings under BNSS.

The Judge said that the Magistrate, instead of considering the core aspect of whether the complaint disclosed commission of a cognisable offence, digressed towards the issue of citizenship.

The Court remanded the matter back to the Magistrate to pass a reasoned order after hearing fresh arguments.

The matter has been posted for further proceedings on September 29.

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