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Degree row: Court says plea against Union Minister Smriti Irani maintainable; next hearing on August 28

The Court has fixed August 28 for recording pre-summoning evidence in the complaint filed against Irani.

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 In fresh trouble for HRD Minister Smriti Irani, a Delhi court on Wednesday took cognizance of a complaint filed against her for allegedly giving false information about her educational qualification.

Metropolitan Magistrate Akash Jain took cognizance of the complaint and fixed the matter for recording of pre-summoning evidence on August 28.

"It is held that the present complaint case is filed under limitation (of time). Cognizance is taken. The matter be now fixed for pre-summoning evidence on August 28," the magistrate said.

Speaking to the media, Smriti Irani's counsel said, "Court has found plea maintainable, but only to the extent that complainant must show proof on day of hearing."

Jain had on June 1 reserved the order on the plea after hearing arguments on the aspect of limitation and whether cognisance can be taken or not.

The complaint was filed by freelance writer Ahmer Khan, who alleged that Irani in her three affidavits before the EC while filing nominations for her candidature for Lok Sabha as well as Rajya Sabha polls had purportedly given different details about her educational qualification.

Senior advocate K K Manan, appearing for Khan, had told the court that in her affidavit for April 2004 Lok Sabha polls Irani had said that she completed her BA in 1996 from Delhi University (school of correspondence) whereas in another affidavit of July 11, 2011 for contesting Rajya Sabha election from Gujarat she said her highest educational qualification was B.Com part I from the School of Correspondence, DU.

The complaint alleged that in the affidavit filed for nomination of April 16, 2014 Lok Sabha elections from Amethi constituency in Uttar Pradesh, Irani said she had completed Bachelor of Commerce Part-I from School of Open Learning, DU.

"It is evident from the contents of the affidavits filed by Smriti Z Irani that at best only one of the depositions by her on oath in respect of her educational qualifications is correct," the complaint alleged. "The aforesaid affidavits of Smriti Irani, apart from the ostensibly false and discrepant statements in respect of her educational qualifications, also appear to contain false/ discrepant statements in respect of immovable properties owned by her and other details set out by her," it claimed.

"The aforesaid facts and circumstances reveal commission of offences by accused under section 125A of Representation of People Act, 1951, besides any other offences that may attract other penal provisions as an outcome of an additional investigation," the plea alleged.

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