The court of Additional Special Mobile Magistrate in Kashmir on Friday dismissed a case against PDP MLA Wahid Ur Rehman Para, which was in the alleged violation of the Model Code ahead of the general elections for organizing a road show in May last year.
Based on the complaint by Sho Awatipora, an official complaint was mentioned at the police station Awantiipora, stating that Para organized a road show without obtaining permission. Para, a candidate in the general election from Srinagar parliamentary constituency, was granted bail, while the investigation proceeded.
In his order, Additional Special Magistrate Munier Ahmed Bhat said, “In any way the Model Code cannot be classified as a sequence under Section 188 of the IPC. The code of conduct of the Model Code serves as a guidance for political parties and candidates.
Section 188 of the former IPC relates to disobedience of an order duly properly applied by a public servant. Saying that the complaint against paragraph “clearly” lacks “legal support, the order states that many provisions of the MCC are” not legally applicable, “and it is political parties who themselves have agreed to follow the principles mentioned in this code,” thus obliges them to respect both letters and emotion. “
The order also notes that even though the Model Code of Conduct is considered an order under Section 188 of the IPC, “Document Model Code of Conduct does not specify itself that the public servant has issued this order.”
Therefore, citing the principles of law determined by the Supreme Court and the facts of the case, the judge said that “no cognizance offense is committed under Section 188 of the IPC.”
The challan in the case was rejected, and the para was acquitted.
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Speaking to The Indian Express, Para said, “These matters were recorded for an engineer and managed elections and stopped the PDP from election campaign. But we are grateful to the judiciary for maintaining law and democracy. This order gives hope and confidence in institutions.”
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