A Delhi court has dismissed as withdrawn a revision plea filed by former AAP leader Ashutosh against an Additional Chief Metropolitan Magistrate (ACMM) court order asking the police to lodge an FIR against him for making scurrilous remarks against Mahatma Gandhi in 2016.
Mr. Ashutosh had allegedly made the comments while defending then AAP Minister Sandeep Kumar, who was dropped from the Cabinet following a controversy over a sex tape.
Dismissing his revision petition, Special Judge Virender Bhat at the Rohini courts said: “Counsel for the petitioner submits that the petitioner does not intend to pursue the revision petition for the reason that the same has become infructuous as the FIR has already been registered... In view of the statement by counsel for the petitioner, the revision petition is hereby dismissed as withdrawn.”
ACMM Ekta Gauba had in her May 7, 2017, order directed the Begumpur Station House Officer in north-west Delhi to lodge an FIR under Sections 292 (printing of grossly scurrilous matter) and 293 (sale of obscene objects).
“In view of the fact that respondent Mr. Ashutosh has tried to gain public attention by tarnishing the revered image of Mahatma Gandhi, thereby demeaning his respect in the minds of the people to settle political scores, I find that prima facie there are sufficient grounds for registration of an FIR,” the ACMM said in her order.
The ACMM had passed the order on a complaint filed by Yogender, through his counsel Pradeep Khatri.
In his complaint, he alleged that in an open letter on his blog on September 2, 2016, which was published in newspapers the next day, Mr. Ashutosh had made vulgar comments against Mahatma Gandhi and other leaders. Mr. Khatri, in his argument, submitted that a cognisable offence was made out against Mr. Ashutosh. The complainant had approached the court when the local police refused to act on his complaint.