Jolly opposes plea for withdrawal of case against CM in court

BJP leader Vijay Jolly today told a court here that letting Delhi police stop Chief Minister Sheila Dikshit's prosecution for allegedly violating the model code of conduct during 2008 assembly polls, would send a "wrong message" to the members of the Congress Party.

Jolly, who has moved the court opposing the city police decision to withdraw Dikshit's prosecution, told Additional Chief Metropolitan Magistrate (ACMM) Amit Bansal that model poll code, prescribed by the Election Commission (EC), is same for all the parties.

"EC's model code of conduct is applicable to everyone to ensure level playing field. Today, the model code of conduct is again applicable here due to upcoming MCD polls and if at this time, prosecution is moving application for withdrawal of prosecution and it is allowed, it will send a wrong message to the ruling party (Congress) that they can do whatever they want," said advocate Anil Soni, appearing for Jolly.

Police has sought withdrawal of the case filed against Dikshit by the then Samajwadi Party candidate Om Prakash for allegedly using loud speaker during election campaign without permission in 2008.

Jolly, who had contested 2008 Assembly elections against Dikshit, in his application has sought to be made party to the case and has alleged that the Delhi police has sought to withdraw the case against Dikshit under her influence.

The ACMM, however, posted for matter for tomorrow for hearing and asked Jolly to explain his locus standi to oppose the prosecution's plea.

Jolly said the application moved by police for withdrawal of prosecution against Dikshit was against natural justice and fair play as it was the violation of the directions of the Election Commission.

"The applicant (Jolly) believes that the prosecution under the influence and pressure of the accused (Dikshit), who is the Chief Minister of Delhi, has moved the present application for withdrawal of the prosecution, which is against natural justice and fair play and it is also violation of directions issued by the constitution body i.e. Election Commission," he said.

He said the prosecution cannot go against the "spirit of model code of conduct promulgated by the Election Commission of India".

He said the record of November 14, 2008 clearly suggest that police officials were eyewitness to the use of loud speakers and loud hailers by Dikshit without prior permission from the Election Commission.

Om Prakash had lodged a complaint against Dikshit to the Chief Election Commissioner in November 2008 alleging that she was using a handheld loud hailer for addressing the public in contravention of election rules in the assembly constituency under the jurisdiction of Mandir Marg police station.

The case against Dikshit was registered after police allegedly found that she was using handheld loud hailer during a 'padyatra' without prior permission from competent authorities.

The police, however, in its application seeking withdrawal of prosecution stated that its records do not reflect that any loud speaker or handheld hailer was seized during investigation.