Why has Narendra Modi been made a party to a case against Narendra Modi ? Supreme Court Registry asks petitioner

Why has Narendra Modi been made a party to a case against Narendra Modi ? Supreme Court Registry asks petitioner

The Supreme Court Registry has asked a petitioner to clarify why he has made Prime Minister Narendra Modi a party to the case seeking investigation into the alleged irregularities associated with the immovable property of Modi.

The petitioner, Saket Gokhale put up a Facebook post stating the following:

Important update on my PIL against Modi:

After filing my PIL, the SC registry gave me a list of defects that I need to clear (mostly paperwork stuff like Pg number X is not dark enough etc.).

And now here’s the shocker – the Supreme Court registry has suddenly submitted a 2nd set of objections in which I’ve been asked to clarify why the “Honorable Prime Minister” has been made a party/respondent to my case.

It is the Prime Minister who allegedly lied on his affidavit. It is the Prime Minister who allegedly hid a plot of land. It is the Prime Minister whose personal land holdings are unclear and untraceable in public records.

But the Supreme Court registry still wants me to clarify why he’s a party to the case.

Objections raised by Registry (Image Courtesy: Saket Gokhale)
Objections raised by Registry (Image Courtesy: Saket Gokhale)

Gokhale, a former journalist had preferred the petition invoking the fundamental right of a voter/citizen to know the relevant information with respect to candidates aspiring to hold public offices, under Article 19(1)(a) of the Constitution of India.

The alleged irregularities arise out of a policy for allotment of land by the Gujarat government to public servants including MPs, MLAs, etc, on nominal price without auction. This allotted land could not be transferred or gifted without the permission of the District Collector.

While considering the legality of the policy, the Gujarat High Court had stayed further allotment or transfer of the plots under the policy without its permission. It had also recorded that no fresh allotments were made after the year 2000 and as a matter of fact, the entire policy for such allotment was being re-examined.

It is Gokhale’s stance that the asset disclosure affidavits filed by Modi to the Election Commission, showed apparent irregularities with respect to one such plot of land allotted to him by the Gujarat government.

A plot of land in Gandhi Nagar was allotted to Modi by the Gujarat Government for a sum of Rs 1,30,448. The same was reflected in Modi’s Gujarat Assembly Elections Affidavit, filed in 2007. However, the same was not disclosed in affidavits filed in 2012 and in 2014 for the 16th Lok Sabha Election. Instead, Modi declared 1/4th ownership of another plot of land in the same area.

It has been further stated that even in his affidavits filed in 2016 and 2017, the allotted land was missing from the list of assets disclosed by Modi in his affidavits. Nonetheless, 1/4th ownership over the second plot of land was once again claimed. The petitioner claims that the land records “still clearly mention” that the allotted land was still Modi’s and there existed no entry in the land record qua the second plot of land. Even the Election Commission failed to take note of the said evidence and irregularity in the Election affidavits filed by Narendra Modi, the petition states.

Being a high executive officer, Modi has a duty to set the highest standards of fairness, probity and transparency in life., the petitioner submits. However, by hiding details of his assets and by misrepresentation, Modi is not only guilty of filing false affidavit but has also created a prima facie doubt about the veracity of information about him, especially his assets, it is asserted. It has, therefore, been contended that Modi has violated the sacrosanct right of voters/citizens of making an informed choice of the candidate to represent the constituency in the legislature on the basis of true and current information.

Gokhale has, therefore, sought constitution of an SIT under the aegis of a retired Chief Justice of India to investigate and enquire into the immovable assets belonging to Narendra Modi, particularly the land allotted to him by the Gujarat Government.

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