Court refuses chargesheet cognisance against Bharti

New Delhi: A Delhi court has refused to take the cognisance of a chargesheet against AAP leader Somnath Bharti in a case of misconduct at a polling station. Additional chief judicial magistrate Neha Mittal said on February 11 that carrying cellphones or videography or photography at the polling station would have been an offence if it compromised with the secrecy of casting of votes.

According to the prosecution, Bharti, along with his associates on May 25, 2024 entered a polling area and videographed the poll procedure besides searching the polythene packets of polling agents. They returned to the polling booth after being removed which is punishable under law, it alleged. “The video (purportedly recorded by the accused persons) that has been placed on record by the prosecution is not of the polling station but of the polling premises. None of the EVMs can be seen in the video. Thus, by making the aforesaid video, the accused persons cannot be made criminally liable,” it held.

However, appropriate action, including seizure of the cellphone could be taken against them by the presiding officer or other authorities as provided under the rules for such an offence, the judge added. On the allegation of Bharti and others returning to the polling booth, the court said the chargesheet showed that the accused did not enter the same booth.