Ahmedabad: The Gujarat High Court on Thursday fixed October 23 for further hearing on admitting a petition related
to the alleged poll code breach case against Prime Minister Narendra Modi.
"Matter to appear at serial number one on October 23 with an understanding that it will be heard peremptorily," said Justice JB Pardiwala while acting upon the petition filed by former AAP member Nishant Verma.
Public Prosecutor Mitesh Amin told the HC that the city Crime Branch, on direction of the Election Commission, had probed and filed a closure report in the poll code breach case. The closure report was upheld by the lower court.
Verma's advocate K R Koshti today contended his client was not called by the court concerned for verification of the records after the Crime Branch filed the closure report.
According to legal procedure, a complainant is called if he/she wants to raise objection on a closure report filed on his complaint.
After hearing both sides, the HC posted the matter for further hearing on October 23. On October 6, Justice GR Udhvani had recused himself from hearing the matter.
The development came in connection with Verma's petition against the verdict of a local court which in May 2015 dismissed his plea seeking action against Modi for allegedly breaching poll code on April 30 2014 ahead of Lok Sabha polls. Modi was then Chief Minister of Gujarat.
Verma had filed the petition before the HC after Ahmedabad Rural Court's Chief Judicial Magistrate S R Sinh dismissed his plea, holding the probe of the Crime Branch, which had given a clean chit to Modi, was just and proper.
On April 30, 2014, when voting was underway for 26 Lok Sabha seats of Gujarat, Modi had addressed a press meet immediately after he exercised his franchise at a school in Ranip area here and displayed his party's symbol lotus.
EC had then directed the Crime Branch to register an FIR and probe the alleged breach of poll code by Modi. Police lodged FIR under section 126 (1)(a) of Representation of People Act (RPA) for holding a public meeting when polling was underway and also under Section 188 of IPC for violating election notification.
However, Verma moved the local court seeking inclusion of additional sections, including 130 of RPA and 114 and 171 (c) of IPC in the FIR. RPA Section 130 prohibits any person from canvassing for votes or exhibit any notice or signs relating to election within the polling station. IPC Section 114 deals with role of abettor present when offence is committed.
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