A Delhi court summoned Aam Aadmi Party (AAP) MLA Som Dutt for allegedly giving false information in his affidavit filed before the Election Commission during the 2015 Delhi Assembly polls. Metropolitan magistrate Abhilash Malhotra said prima facie it was clear that the parents of the MLA from Sadar Bazar constituency were dependent on him but he suppressed this information and failed to declare their assets in the details furnished to the returning officer.
The court summoned Dutt for the alleged offences of furnishing false information, giving false statement on oath or affirmation to public servant under the IPC and for filing a false affidavit under the Representation of the People Act.
The court directed him to appear before it on October 13. Over a dozen MLAs of ruling Aam Aadmi Party have been booked in various cases since the Arvind Kejriwal government was formed in 2015. Among them are former law minister Jitendra Tomar who was arrested for allegedly having a fake degree, Okhla MLA Amanatullah Khan, charged with intimidating a woman with rape and murder, and former minister Somnath Bharti who is facing a domestic violence case.
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The court, in its order issued on Wednesday, also summoned Dutt for the alleged offence of making false statement in the declaration which was receivable as evidence.
"Prima facie it is clear from the record that the parents of the applicant were dependent upon him but he suppressed this information in the details furnished to the returning officer and also failed to declare their movable and immovable assets. "Accordingly, the ingredients of ... (offences under IPC and Representation of the People Act) are prima facie attracted," the court said.
The court, however, said the offence of forgery is not made out in this case. The court passed the order on a complaint filed by BJP leader Praveen Jain, who had contested the 2015 Assembly election from Sadar Bazar constituency here against Dutt.
Jain alleged that the AAP leader had filed a false affidavit before the Election Commission during the 2013 and 2015 assembly elections in which he declared that his parents were not dependent on him.
He said that Dutt was availing the benefits of Delhi Employees Health Welfare Scheme from Delhi Government and in the card, he declared his parents as his dependent members. It was alleged that Dutt intentionally suppressed the information and caused wrongful loss to the government exchequer.
Later, Dutt claimed reimbursement of the medical claims of his parents, it alleged. The complainant sought his prosecution for the alleged offences of forgery and giving false information by way of sworn affidavit.