Kashmir: Court dismisses poll code violation case against Parra

Additional special mobile magistrate Muneer Ahmad Bhat says no cognisance was taken of the offence under Section 188 of the IPC as there was no written complaint

A court in Kashmir’s Awantipora has dismissed a case of alleged violation of model code of conduct against Peoples Democratic Party leader Waheed Parra filed last year by the J&K Police during parliamentary elections. Additional special mobile magistrate Muneer Ahmad Bhat stated that no cognisance was taken of the offence under Section 188 of the IPC as there was no written complaint. “Reverting to the facts of the case in the light of the principles of law laid down by the Supreme Court, it is quite vivid that the offence under Section 188 of the IPC can be taken cognisance of only in accordance with Section 195(1)(a)(i) of the CrPC. Since the instant challan (police chargesheet) is without a written complaint, as such no cognisance is taken of offence under Section 188 of the IPC,” the order, announced on Friday, said.

The police had filed the case against Waheed Parra in May 2024 for organising a rally in alleged violation of model code of conduct during parliamentary elections in April 2024 . (Getty Images/iStockphoto)

“The challan (police chargesheet) is dismissed and the accused is released. The bail bonds and personal bonds of the accused are discharged,” it said.

The police had filed the case against Parra in May 2024 for organising a rally in alleged violation of model code of conduct during parliamentary elections in April, 2024 without obtaining the necessary permission. The police had filed the chargesheet against Parra on September 14, 2024.

“By no means can the model code of conduct be classified as an order under Section 188 of the IPC,” the court observed. Parra eventually lost the May 2024 parliamentary election from Srinagar parliamentary seat but won assembly election from Pulwama assembly seat in October 2024.

The order said that the model code of conduct serves solely as guidance for political parties and candidates. “It was established through the consensus of political parties in India with the aim of strengthening the foundations of the political system in our country. Clearly, it lacks statutory backing and many of its provisions are not legally enforceable. It is the political parties themselves that have agreed to adhere to the principles outlined in this code, thus binding them to respect and follow it both in letter and spirit,” the court said.

The five-page judgment stated that even if the model code of conduct was considered an order under Section 188 of the IPC, the document MCC itself does not specify which public servant issued this order.