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SC gives relief to state Congress spokesperson on defamation suit filed by CM BJP says Mishra to face legal action
Earlier, Mishra had been sentenced to two years simple imprisonment with a fine of Rs 25000 on November 17, 2017 by the court of special judge, Prevention of Corruption Act, Bhopal on the defamation suit filed by chief minister Shivraj Singh Chouhan
Giving a major relief to state Congress chief spokesperson KK Mishra convicted on a defamation suit filed by chief minister Shivraj Singh Chouhan in 2014 the Supreme Court in its judgment on Friday set aside the judgment pronounced by the court of special judge in Bhopal in November last year.
While Mishra hailed the judgment through a couplet and said the court’s judgment would give him further strength, the state BJP said the Supreme Court’s judgment was based on a technical ground and ‘it has not absolved Mishra of his act of defamation’.
The state BJP chief spokesperson Deepak Vijayavargiya said the Supreme Court judgment suggested that the defamation was caused by Mishra not against ‘chief minister Shivraj Singh Chouhan’ but Shivraj Singh Chouhan in his individual capacity. Mishra would face a legal action for his crime. In this respect, a case will be filed against him after seeking legal opinion.
Mishra was sentenced to two years simple imprisonment with a fine of Rs 25000 on November 17, 2017 by the court of special judge, Prevention of Corruption Act, Bhopal on the defamation suit filed by chief minister Shivraj Singh Chouhan. The suit was filed on June 24, 2014 after Mishra accused the CM and his wife in a press conference that 19 of transport inspectors appointed in Madhya Pradesh were from Gondia (Maharashtra), the place which Chouhan’s in-laws belong to and that as many as 139 phone calls were made to three Vyapam scam accused by an influential woman in the CM House.
The SC bench of justices Ranjan Gogoi, R Banumathi and Mohan M Shantanagoudar said in its judgment a copy of which is available with HT, said, “…The very initiation of the prosecution has been found by us to be untenable in law. Merely because the trial is over and has ended in the conviction of the appellant and the matter is presently pending before the high court in appeal should not come in the way of our interdicting the same….Consequently, we allow this appeal; quash the impugned prosecution/proceedings registered…and set aside the order dated 17th November, 2017 passed by the special judge, Prevention of Corruption Act, Bhopal.”
The court also said, “The appeal pending before the high court against the order dated 17th November, 2017 passed by the special judge, Prevention of Corruption Act, Bhopal shall also stand closed in terms of the present order.”
