MCC Violation Case Against Para Dismissed

(MENAFN- Kashmir Observer) Srinagar- A local court in Jammu and Kashmir on Friday dismissed a case of Model Code of Conduct (MCC) violation filed against PDP leader and MLA Waheed-Ur-Rehman Parra in connection with a roadshow he held during last year's Lok Sabha elections in Pulwama district.

The case, registered under Section 188 of the Indian Penal Code (IPC), was dismissed by Additional Special Mobile Magistrate Awantipora, Muneer Ahmad Bhat, who ruled that no cognisance of the offence could be taken due to procedural lapses in the chargesheet.

Parra, the PDP candidate from Srinagar parliamentary constituency, was booked after holding a roadshow on April 27, allegedly violating the poll code in place at the time. The court, however, noted that the police filed the chargesheet without a written complaint from a competent public servant, as required under Section 195(1)(a)(i) of the Criminal Procedure Code (CrPC).

“Since the challan is without a written complaint, no cognisance is taken of the offence under Section 188 IPC,” the court said in its order. It added that the Model Code of Conduct, although enforced during elections, lacks statutory backing and is not an enforceable order under Section 188 IPC.

Highlighting that the MCC is a consensus-based ethical guideline rather than a law, the court said any prosecution under Section 188 must be supported by a formal complaint from the issuing authority-in this case, ideally, the Election Commission of India.

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“The MCC itself does not identify which public servant issued the so-called order. Therefore, the legal requirements under Section 195 CrPC are not satisfied,” the court observed.

As a result, the court dismissed the charges against Parra, discharged his bail and personal bonds, and directed that any seized materials be returned to their rightful owner.

The verdict underscores the legal limitations in enforcing the Model Code of Conduct through criminal prosecution and reaffirms that violations must be pursued in line with clearly established legal procedures.

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