A court here today reserved its order for April 19 on whether the city police’s plea for withdrawal of a poll code violation case of 2008 against Delhi Chief Minister Sheila Dikshit could be heard at all.
Metropolitan Magistrate Vijeta Singh reserved the order saying he was “prima facie” satisfied that the plea for withdrawal of the case was maintainable and could be heard upon.
“Prima facie, in view of the submissions made on behalf of the state, the court is satisfied with the maintainability of application under section 321 (withdrawal from prosecution) of the CrPC. The view, however, is only prima facie…List for orders on April 19,” the court said.
The court also reserved its order for April 19 on the plea of BJP leader Vijay Jolly who had sought to intervene in the proceedings and oppose the police plea saying he had been directly affected in the matter as he had lost the 2008 assembly polls against Dikshit.
During the hearing, Jolly’s application was opposed by the prosecutor who said it would lead to a “situation of anarchy” if everybody is allowed to intervene in the case at this stage.
“It is only the prosecutor who can be heard at this stage otherwise a situation of anarchy will arise,” the prosecutor said.
The court had earlier asked the prosecutor to explain his “locus” in filing the application for withdrawal of the case against Dikshit.
Vijay Jolly, who had contested the 2008 assembly polls against Dikshit, had moved the court opposing Delhi police decision to withdraw the case registered for alleged violation of the Model Code of Conduct by Dikshit during the election, saying the code is same for everyone.
Police has sought withdrawal of the case lodged by the then Samajwadi Party candidate Om Prakash against Dikshit for allegedly using loud speaker during election campaign without permission in 2008.
Jolly, in his plea, has sought to be made party to the case and alleged that the Delhi police has sought to withdraw the case against Dikshit under her influence.
Om Prakash had lodged a complaint against Dikshit to the Chief Election Commissioner in November 2008 alleging that she used a hand-held loud hailer for addressing public, breaching the electoral rules in the assembly constituency under the jurisdiction of Mandir Marg police station here.
The case against Dikshit was registered after the police allegedly found that she was using the loud-hailer during a ‘padyatra’ without prior permission from the authorities.
The police, however, in its withdrawal application, stated its record do not reflect that any loud speaker or hand held hailer was seized during the probe.