Delhi High Court Issues Notice On BJP Leader's Plea Against Quashing Of Summons Issued To Chief Minister Atishi In Defamation Case

BJP leader Praveen Shankar Kapoor has moved the Delhi High Court challenging the quashing of summons issued to Chief Minister Atishi by a trial court in a defamation case filed by him. The defamation case was filed over the claims that Aam Aadmi Party (AAP) leaders were approached by Bhartiya Janta Party (BJP) to join them in return of crores of cash.Justice Vikas Mahajan issued notice on the plea and sought response of Atishi in the matter. Senior Advocate Ajay Burman appearing for Kapoor submitted that the sessions court exceeded its jurisdiction by substituting its own views in the impugned order and that the order passed by the magisterial court was well reasoned. He said that the sessions judge tried to justify Atishi's actions by making observations that she was in the nature of a whistleblower and cannot be treated as having defamed the BJP. Notably, the trial court in the impugned order had observed that the allegations of political corruption, poaching of politicians or misuse of investigating agencies by the ruling dispensation against political opponents are part of freedom of political speech and won't amount to defamation per se.The special judge observed that the allegations made by Atishi regarding poaching of MLAs were as much a part of the right to free political speech as they were an effort to report a specific act of alleged corrupt practice.Today, Burman argued that the special judge ought to have confined itself to the question as to whether the ingredients of the offence of defamation was made out in the case rather than giving reasons to justify such an action. Furthermore, Burman said that the case did not fall into the exception which provides truth as defence for the offence of defamation. It was submitted that the special judge had strongly observed that Kapoor was not an “aggrieved person” but it is settled law that the complainant need not be a defamed person. He said that in terms of second definition to Section 499 of IPC, any person or member of an association or organization can be a complainant. Burman said that the special judge passed the impugned order thinking that he was a “political analyst” and exceeded the jurisdiction by making observations on even those aspects which did not form part of the magisterial order. Hearing Burman, the Court ordered: “In view of the above, issue notice to the respondent through all permissible modes.”The matter will now be heard on April 30. Last week, a sessions court passed the impugned order while setting aside an order passed by the Chief Metropolitan Magistrate which issued summons to Atishi in the case in May last year.The Sessions Court had allowed the revision petition filed by Atishi challenging the magisterial court order.About CaseWhile issuing summons to Atishi, the CMM had not issued summons to AAP Supremo Arvind Kejriwal, another accused against whom the criminal defamation case was filed. Kapoor was aggrieved by AAP's claim that BJP was trying to poach its leaders, every time they are approached by ED. Kapoor had said that the allegations are false and unsubstantiated. It was his case that the AAP leaders furnished no material to substantiate their claims. Kapoor's plea referred to a tweet on X, formerly Twitter, posted by Kejriwal on January 27, 2024. He had referred to a press conference conducted by Atishi on April 02, 2024. In his tweet, Kejriwal had alleged that the BJP had contacted seven AAP MLAs and was offering Rs. 25 Crores to poach them. Notably, Kapoor, last year, sent a legal notice to Atishi for her speech alleging that she received an offer to join BJP to “save” her “political career” or else she will be arrested by ED. The legal notice had sought withdrawal of the speech and apology on TV and social media.The notice had stated that if Atishi does not withdraw her speech and tender an apology, Kapoor shall be constrained to initiate both civil and criminal, proceedings against her. The legal notice further stated that since Atishi's press conference, various persons have contacted Kapoor and blamed or ridiculed him for being “members of such vicious party” alleging that BJP does not believe in democratic values and is trying to run the country by way of dictatorship.Title: Praveen Shankar Kapoor v. Atishi Marlena

Delhi High Court Issues Notice On BJP Leader's Plea Against Quashing Of Summons Issued To Chief Minister Atishi In Defamation Case

Nupur Thapliyal

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