HC dismisses plea by BJP MP and MLA to quash summons in defamation case

The Delhi high court on Thursday dismissed pleas by BJP MP Manoj Tiwari and party MLA Vijender Gupta seeking the quashing of summons issued against them in a defamation

The Delhi high court on Thursday dismissed pleas by BJP MP Manoj Tiwari and party MLA Vijender Gupta seeking the quashing of summons issued against them in a defamation complaint filed by Delhi deputy chief minister Manish Sisodia.

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“Both the petitions are dismissed,” justice Anu Malhotra said. A detailed copy of the judgment is awaited.

The court said the apparent prima facie intent of the tweet of the petitioner was at least with the knowledge to believe that the imputations made in the tweet would harm the reputation of the complainant.

Malhorta said whether the tweets if, et al, were for public good can be determined by the trial court when the defence would make it contentions.

Sisodia had filed the defamation case against the two BJP leaders and others for allegedly levelling corruption charges against him. Gupta and Tiwari had challenged the trial court’s November 28, 2019, order summoning them and others as accused in the criminal defamation case.

The others named in the complaint are MPs Hans Raj Hans and Pravesh Verma, MLAs Manjinder Singh Sirsa and Vijender Gupta and BJP spokesperson Harish Khurana. SIsodia alleged that these leaders had levelled corruption charges against him in relation to the Delhi government’s classroom renovation in government schools.

The deputy chief minister had filed the criminal defamation case against these leaders for making false and defamatory statements in print, electronic and social media. Sisodia said all the allegations made by the BJP leaders, jointly and individually, were false, defamatory and derogatory and were made with an intention to harm and damage his reputation and goodwill.

Gupta later said, “We will approach the Supreme Court in this matter.”

Tiwari said, “We will take necessary legal measures and approach the apex court. I had raised an important issue of corruption in the functioning of the AAP-led Delhi government and the matter is subjudice.”

The accused were earlier granted bail after they appeared before the trial court. The maximum punishment is two years for the offence of defamation.