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Tejashwi Yadav Withdraws Remark On Gujaratis; Supreme Court Asks Complainant If Defamation Case Is Needed
Yash Mittal
22 Jan 2024 9:05 AM GMT
Rashtriya Janata Dal (RJD) leader and Bihar Deputy Chief Minister Tejashwi Yadav told the Supreme Court in an affidavit that he has withdrawn the remarks made by him about Gujaratis.Yadav filed the affidavit in a transfer petition filed by him seeking to transfer from Ahmedabad to a neutral venue the criminal defamation case filed against him over his "Gujarati hi thag hai ho sakta hai...
Rashtriya Janata Dal (RJD) leader and Bihar Deputy Chief Minister Tejashwi Yadav told the Supreme Court in an affidavit that he has withdrawn the remarks made by him about Gujaratis.
Yadav filed the affidavit in a transfer petition filed by him seeking to transfer from Ahmedabad to a neutral venue the criminal defamation case filed against him over his "Gujarati hi thag hai ho sakta hai (only Gujaratis can be cheats)" remark.
These allegations stem from a purported statement he made during a media address on March 22, 2023 i.e., "Jo do thag hai naa, jo thag hai, thagi ko jo anumati hai, aaj ke desh ke halat mein dekha jayein toh sirf Gujarati hi thag ho sakte hai aur uske thag ko maaf kiya jaayega. LIC ka paisa, bank ka paisa de do, fir vo log leke bhaag jaayenge, toh kaun jimmedar hoga" (The two cheats that are there, the permission is given to cheats only. If today's situation in the country is seen, then only Gujaratis can be cheats and their cheating will be forgiven. They will be given LIC's money, banks' money and they will run away with it. Who will be held responsible?).
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan asked the counsel of the complainant Haresh Mehta if the prosecution was any longer necessary since Yadav has withdrawn his remarks.
“The statement is very clear now, make up your mind now why you want to prosecute the complaint?”, the bench asked the complainant's lawyer, who sought time to get instructions.
“... just see page 2 of the statement made by him. He has withdrawn that part of the statement in which he has used certain expressions. So what more remains now?” the bench asked.
The bench allowed the counsel to take the instructions with a caveat that the court would exercise its inherent discretionary powers enshrined under Article 142 of the Constitution to quash the prosecution of Tejashwi Yadav in the defamation case.
Consequently, the court granted a week time to the counsel of the respondent to seek instructions from the client on the statement in writing filed by the petitioner 19.01.2024. The matter is posted next on January 29.
On November 6, while issuing notice on the transfer petition, the Court had stayed the proceedings in the criminal defamation case. The complaint was filed by Haresh Mehta, vice-president of All India Anti-Corruption and Crime Preventive Council (Gujarat State), a voluntary organisation based in Ahmedabad, under sections 499 and 500 of the Indian Penal Code.
Case Details:
Diary No.- 42856 - 2023
TEJASHWI PRASAD YADAV vs. HARESHBHAI PRANSHANKAR MEHTA
