SRINAGAR: A court here on Friday dismissed a case against PDP leader and Member of Legislative Assembly (MLA) Waheed-Ur-Rehman Parra regarding an alleged violation of the Model Code of Conduct (MCC) during the 2024 parliamentary elections in Pulwama district of Jammu and Kashmir.
Dismissing the police challan, Additional Special Mobile Magistrate Awantipora, Muneer Ahmad Bhat, ruled that no cognisance could be taken under Section 188 of the Indian Penal Code (IPC) due to the absence of a formal complaint by a public servant, as mandated by Section 195(1)(a)(i) of the Criminal Procedure Code (CrPC).
“The challan is dismissed and the accused (Parra) is released. The bail bonds and personal bonds of the accused are discharged,” the order stated. The court also directed that any seized documents or articles be returned to the rightful owner upon execution of a personal bond, subject to any directions from an appellate court.
Parra, the PDP candidate from Srinagar Lok Sabha constituency, had been booked under Section 188 IPC—disobedience to an order duly promulgated by a public servant—after holding a rally in the form of a roadshow in Pulwama on April 27, 2024, allegedly in breach of the election code.
However, the court maintained that the MCC does not carry statutory backing and cannot be construed as an “order” within the meaning of Section 188 of the IPC. “The model code of conduct serves solely as guidance for parties and candidates… it lacks statutory backing and many of its provisions are not legally enforceable,” the court noted.
Importantly, the magistrate observed that even if the MCC were accepted as an order under Section 188, the charges would not hold, since the complaint was not filed by the competent authority. “The MCC itself does not specify which public servant issued this order. Cognisance of an offence under Section 188 IPC can only be taken upon a complaint from the public servant whose order was violated or their superior,” the court noted.
Highlighting the role of the Election Commission of India as the constitutional authority that issues the MCC, the court underlined that “any prosecution should ideally be based on a complaint from the Election Commission itself.”
“Since the instant challan is without a written complaint, the requirements of Section 195 of the CrPC are not met, rendering the prosecution merely a formality,” the court concluded.
