A plea seeking legal action against Prime Minister Narendra Modi
for allegedly filing a defective affidavit relating to his marital status was dismissed by the Supreme Court.
The complaint filed by Nishant Varma, an Ahmedabad resident, in April 2014 sought an FIR against Modi for hiding his marital status in the affidavit he had filed with his nomination for 2012 Assembly polls.
When Modi contested the Lok Sabha elections in 2014, he mentioned his wife’s name in the affidavit for the first time, disclosing the earlier omission. Thus, according to Varma, Modi had committed an offence under section 125(A)(3) of Representation of People Act in 2012. Section 125 A(3) deals with concealment of information while filing affidavit and provides for imprisonment upto six months.
Verma had first filed a criminal complaint in a magisterial court including in his FIR P.K. Jadeja, the election officer. This complaint was rejected.
The magisterial court stated that though an offence has been committed, cognizance can’t be taken since the complaint was lodged after a delay of one year and four months. He then approached the HC which also refused to entertain the plea. On Friday, a bench headed by Justice J Chelameswar did not find merit in the plea. The Court asked how a man could be punished for disclosing the name of his spouse at a later stage.