Delhi Court sets aside Magistrate order refusing probe in Sonia Gandhi’s pre-citizenship electoral entry
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
On September 21, 2026, a Delhi Court overturned a September 11, 2025 Magistrate's decision to refuse investigating allegations that Congress leader Sonia Gandhi's name was included in the electoral roll three years before she acquired Indian citizenship in 1983. Special Judge Vishal Gogne dismissed the Magistrate's order as "non-speaking."
The Magistrate's ruling was invalid due to a legal error, which included non-compliance with Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), failing to hear the police officer's submissions, and not requesting a status report from the relevant police station. Judge Gogne noted that the Magistrate did not consider the two legal options: registering a First Information Report (FIR) or proceeding under BNSS.
The court sent the case back to the Magistrate to issue a reasoned decision after hearing additional arguments. The matter was rescheduled for further proceedings on September 29.
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