A court today took cognisance of a private complaint filed against Aam Aadmi Party (AAP) MLA Som Dutt for allegedly concealing facts in his affidavit filed before the Election Commission during Delhi Assembly polls.
Metropolitan Magistrate Snigdha Sarvaria fixed the matter for October 26 to record pre-summoning evidence in the complaint filed by BJP leader Praveen Jain, who had contested the Assembly election 2015 from Sadar Bazar constituency here against Dutt.
The complaint alleged that Dutt had filed false affidavit before Election Commission during the 2013 and 2015 Assembly elections in which he declared that his parents were not dependent on him.
It claimed that as per the RTI reply obtained by advocate Vivek Garg, who is the counsel for the complainant, Dutt has obtained a medical facility card under the Delhi Government Employees Health Scheme from Government of NCT of Delhi and in the card, he has disclosed that his parents are dependent on him.
The complaint said only the dependent parents can avail the medical facility on the card of an MLA.
"That from the above, it is clear that at one side, accused Som Dutt declared his parents as independent in both of his affidavits, filed/sworn before the Returning Officer AC-19 of Election Commission of India during the 2015 and 2013 elections by not declaring their (parents) assets/liabilities and on another side, he disclosed his parents as dependent on him in his medical facility card," it alleged.
The complaint has been filed for alleged offences under various sections of the IPC, including 200 (using as true such declaration knowing it to be false), 199 (false statement made in declaration which is by law receivable as evidence) and 193 (giving or fabricating false evidence) and under provosions of the Representation of People (RP) Act.
The complaint further alleged that Dutt had prepared false affidavits to mislead the voters.
It claimed that Dutt has claimed a medical allowance of Rs 4,631 and managed to reimburse allowance of Rs 3,421.
"This clearly and very well establish the crime of accused Som Dutt that he filed false affidavits before the Election Commission of India by concealing the fact that his parents were actually dependent on him and not independent," it said.
