The Court of Additional Special Mobile Magistrate in Kashmir on Friday dismissed a case against PDP legislator Waheed ur Rehman Para for organising a road show in May last year in alleged violation of the Model Code of Conduct, ahead of the general elections.
Based on the complaint of the SHO Awatipora, an official complaint was noted in police station Awantipora stating that Para had organised a road show without obtaining permissions. Para, a candidate in the general election from the Srinagar parliamentary constituency, was granted bail while the investigation proceeded.
In his order, Additional Special Magistrate Muneer Ahmad Bhat stated, “By no means can the Model Code of Conduct be classified as an order under section 188 of the IPC. 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.”
Section 188 of the former IPC pertains to the disobedience of an order duly promulgated by a public servant. Stating that the complaint against Para “clearly” lacks statutory backing, the order states that many of the provisions of the MCC “are not legally enforceable,” and that 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 order also notes that even if the Model Code of Conduct is considered an order under section 188 of the IPC, “the document Model Code of Conduct itself does not specify which public servant issued this order.”
Therefore, citing the principles of law laid down by the Supreme Court and the facts of the case, the judge stated that “no cognisance is taken of the offence under section 188 of IPC.”
The challan in the case was dismissed, and Para was acquitted.
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Speaking to The Indian Express, Para said, “These cases were lodged to engineer and manage elections and restrain the PDP from campaigning. But we are thankful to the judiciary for upholding the law and democracy. The order gives hope and faith in institutions.”
