Court dismisses challan against Parra over MCC violation

Srinagar, Jul 4: A court in Awantipora Friday dismissed challan against Peoples Democratic Party leader Waheed Ur Rehman who had been booked by police for allegedly violating Code of Conduct (MCC) by organizing a road show without obtaining a necessary permission during the assembly polls in 2024.

On April 27, last year Police had registered case bearing FIR No 66 of 2024 under section 188 of the Indian Penal Code (IPC) against Parra following which a charge- sheet was filed against him in the competent court.

In his order, Additional Mobile Magistrate awantipora Muneer Ahmad Bhat noted that the accused Waheed-ur-Rehman Para had been charged with violating the Model Code of Conduct. “By no means can the Model Code of Conduct be classified as an order under section 188 of the IPC”, the court said.

While the court pointed out that the Model Code of Conduct serves solely as guidance for political parties and candidates, it said the same 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”. The court noted 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.“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,” the court said.

The court observed that the clarification was crucial, as cognizance of an offense under section 188 of IPC could only be taken upon a complaint from the public servant whose order was violated, or from their superior.

“Undoubtedly, the Model Code of Conduct is issued by the Election Commission of India, a constitutional body; thus, ideally, any prosecution should be based on a complaint from the Election Commission itself.” The court said the requirements of Section 195 of the CrPC were not met in the case at hand consequently, rendering the prosecution mere formality.

The court observed that keeping in view, the principles of law laid down by the Supreme Court and the facts of the case, no cognizance was taken of the offence under section 188 of IPC. In keeping with this conclusion, the court dismissed the challan and released the accused (Parra).