Delhi Chief Minister Arvind Kejriwal approached the Delhi High Court seeking quashing of summons issued by a trial court on a criminal complaint filed against him for allegedly giving “misleading information” in his poll affidavit ahead of the 2013 assembly elections.
Justice I.S. Mehta issued notice to Neeraj Saxena and Anuj Agarwal, who had filed complaint against Kejriwal on behalf of an NGO, seeking their response by August 4.
The trial court had issued summons to Kejriwal in February 2016 on a complaint filed by NGO Maulik Bharat Trust alleging that Kejriwal had “willfully misled” the Election Commission by concealing his correct address and suppressing the market value of his property.
Kejriwal was granted bail in the case on December 24 last year.
The trial court had held that furnishing an improper address so that the proper/correct address remained untraceable and also giving an improper valuation of the property “prima facie amounts to willful concealment and suppression and also furnishing of false information and thus, there is sufficient ground for proceeding against the accused Arvind Kejriwal” under section 125 A (penalty for filing false affidavit) of the Representation of the People Act and section 177 (furnishing false information) of the Indian Penal Code.
The NGO, through its office bearers, had filed the complaint alleging that Kejriwal “suppressed the actual figures of property owned by him” and and deliberately furnished a wrong address of his property in Indirapuram, Ghaziabad.
It had contended that “willful concealment and suppression of correct address and value of the aforesaid property amounts to commission of a criminal offence under section 125A of the Representation of the People Act, 1951 punishable with six months of imprisonment and/or fine or both”.
All candidates filing nomination papers are required to furnish an affidavit to the EC with details of the actual cost of property and any investments that they have made.