Delhi Court Discharges BJP MP Hans Raj Hans In Case Alleging False Information Furnished By Him While Filing Nomination Form

Update: 2021-08-25 13:00 GMT
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A Delhi Court has discharged BJP MP Hans Raj Hans in a case alleging that he furnished false and incorrect information at the time of filing of nomination form while contesting in the Lok Sabha Elections, 2019 from North West Delhi Constituency.ACMM Dharmender Singh of Rouse Avenue Court observed that there was no prima facie case made out against Hans while discharging him in the...

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A Delhi Court has discharged BJP MP Hans Raj Hans in a case alleging that he furnished false and incorrect information at the time of filing of nomination form while contesting in the Lok Sabha Elections, 2019 from North West Delhi Constituency.

ACMM Dharmender Singh of Rouse Avenue Court observed that there was no prima facie case made out against Hans while discharging him in the matter.

A complaint was filed against Hans by one Rajesh Lilothia alleging that he did not give correct information regarding his educational qualifications, financial status of his wife, income of his dependents and that he held office in National Safai Karamchari Commission. Accordingly, the Court had directed the police to investigate the matter.

"This court is of the considered view that as per the record filed on behalf of Investigating Officer, accused had resigned from said post in April 2019 and as per prosecution he filed the nomination after the resignation from said post so, as per the requirement of Form-26/Affidavit it was not required to mention the office from which a candidate had resigned," the Court said.

Furthermore it observed:

"Perusal of Form-26/affidavit shows that a candidate is required to mention his income and movable and immovable assets and is not required to separately mention the remuneration which has been received by him in the past."

As per Hans's affidavit, it was mentioned that he had stated his educational qualification as "MATRIC", however, he further pursued the studies and passed "PREP" (equivalent to 11th class) from DAV College, Jalandhar.

According to the report filed by the IO, it was stated that Hans did not pass "PREP" from said college.

"...it is clear that accused has given the correct information regarding his educational qualifications in his affidavit/Form-26," the Court said.
"Except the allegations, no material has been brought on record on behalf of prosecution to prove that both sons of accused are dependent upon him," the Court added.

Finding that no prima facie case was made out against him, the Court discharged Hans in the case.

Title: State Vs. Hans Raj Hans

Click Here To Read Order

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