‘Devoid of merit’: HC dismisses plea seeking probe into PM Modi’s allegations against Rahul Gandhi, Congress during LS campaign over ‘2 industrialists’

Last month, a division bench of Justices Revati Mohite-Dere and Prithviraj K Chavan passed an order in a plea by NGO Inspirational Group Welfare Association through its member Rama Katarnaware.

The petitioner sought direction to the central agencies to investigate the alleged crime, stating that PM Modi had named certain industrialists for allegedly sending money to a political party, in a tempo.

The petitioner claimed that Gandhi responded to the said allegations, stating that PM Modi should get full information and make an inquiry from central agencies at the earliest. The petitioner claimed that based on said statements, offences ought to have been registered by the ED and IT authorities under the Prevention of Money Laundering Act (PMLA).

The petitioner further sought action under the Foreign Exchange Management Act (FEMA); the Prevention of Corruption (PC) Act and under the Indian Penal Code against the persons named by the Prime Minister.

After perusing the submissions, the bench held, “Investigation is sought by various agencies only on the basis of the speech of the Prime Minister and the response to the same by Mr. Rahul Gandhi. We, in the facts, do not find that the petitioner’s right is either violated in any way, or her fundamental right infringed, warranting us to exercise our discretionary power under Article 226 of the Constitution of India. Considering the aforesaid, the petition being devoid of merit, is dismissed.”