Updated: April 8, 2014 4:09:49 pm
The Jalandhar Police have moved a lower court in the city seeking permission to launch investigations against former Punjab minister Avtar Henry for allegedly submitting false affidavits along with his nomination papers every time he contested elections. Henry has been at the heart of a row regarding his citizenship.
Police have moved court as they are not empowered to investigate such an offence without prior permission from the court. The relevant offence falls under Section 125 -A of the Representation of the People Act,1951. This came to light on Thursday when the Jalandhar Commissioner of Police Gaurav Yadav filed an affidavit in the Punjab and Haryana High court in response to a petition filed by one Ajay Sehgal against the Jalandhar Police for violation of High Court directions.
Sehgal had sought an inquiry after the Ministry of Home Affairs (last August) passed an order declaring that Avtar Henry had ceased to be a citizen of India on 1969,when he had acquired a British passport.
Sehgal had moved the High Court seeking the registration of an FIR against the former minister if,prima facie,the allegations against him appear to be correct.
In an earlier affidavit,Commissioner Gaurav Yadav had said that he had requested the relevant government authorities to initiate legal action against Henry as his offence is non-cognizable in nature and hence an FIR could not have been registered,though prosecution can be launched by the competent authority.
The Returning Officer,Jalandhar North,had,however,declined to initiate prosecution of Henry by observing that his revision petition against the order that he (Henry) ceased to be an Indian citizen is pending adjudication.
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