Contempt trial against Delhi BJP leaders on hold

The defamation complaint by Sisodia had been filed against six BJP leaders -- MPs Hans, Manoj Tiwari and Pravesh Sahib Singh Verma, legislators Sirsa and Vijender Gupta, and party spokesperson Harish Khurana

The Delhi high court on Thursday put on hold trial court proceedings against Bharatiya Janata Party (BJP) leaders Hans Raj Hans and Manjinder Singh Sirsa in a defamation case filed against them by deputy chief minister Manish Sisodia.

On Thursday, justice Dinesh Kumar Sharma issued a notice and sought Sisodia’s response on the separate petitions filed by Hans and Sirsa, challenging the trial court’s December 23 order dismissing their applications seeking discharge in the defamation case. (Representative image/HT Archive)

The defamation complaint by Sisodia had been filed against six BJP leaders -- MPs Hans, Manoj Tiwari and Pravesh Sahib Singh Verma, legislators Sirsa and Vijender Gupta, and party spokesperson Harish Khurana -- for allegedly making corruption charges against the Aam Aadmi Party (AAP) leader in relation to Delhi government schools.

On Thursday, justice Dinesh Kumar Sharma issued a notice and sought Sisodia’s response on the separate petitions filed by Hans and Sirsa, challenging the trial court’s December 23 order dismissing their applications seeking discharge in the defamation case.

The high court also issued a notice to Sisodia on the application to stay the proceedings before the trial court. “In the meantime, proceedings before the trial court qua the present petitioners (Hans and Sirsa) are stayed,” the high court said and listed the matter for further hearing on March 10.

Sisodia had filed the complaint defamation complaint against the BJP leaders, stating that all the allegations made by the BJP leaders jointly and individually were false, defamatory and derogatory with an intention to harm and damage his reputation and goodwill. The complaint was registered under section 200 of the Code of Criminal Procedure for commission of offences under sections 499 and 500 read with Sections 34 and 35 of the Indian Penal Code for making false and defamatory statements in print, electronic and social media.

If convicted, the offence of defamation entails a maximum punishment of two years.

On November 28, 2019, the trial court passed an order summoning the six BJP leaders as accused in the case. Thereafter, Hans and Sirsa had filed applications seeking discharge in the case, which was dismissed by an additional chief metropolitan magistrate on December 23 last year. The two leaders then approached the high court challenging the order.

The counsel for Hans and Sirsa informed the high court that against the summoning order, Gupta approached the Supreme Court, which on October 17 last year had set it aside qua him.

The court was also informed that the case is listed before the trial court on January 6 for framing of notice and the counsel for the petitioners urged that the proceedings be stayed.