Defamation case against Amit Shah sent back to lower court after summons gaffe

The notice was to sent to the BJP’s office in Kolkata instead of Amit Shah’s residence in New Delhi.

A special court designated for MPs and MLAs in West Bengal, which was hearing the defamation suit filed by TMC MP Abhishek Banerjee against Union home minister Amit Shah, sent back the case to the Metropolitan Magistrate’s court on Monday as the summons was sent to the BJP’s office in Kolkata instead of Shah’s residence in New Delhi.

Trinamool Congress (TMC) leader Abhishek Banerjee has filed a defamation suit against Union Home Minister Amit Shah. (PTI)

“The court said that the address in which the summons was served was wrong. It should be served at the New Delhi address. So, the matter has been sent back to the lower court. Fresh proceedings need to be started,” said Brajesh Jha, advocate and convenor of the state BJP’s legal cell.

The MP-MLA court had on Friday summoned Shah to appear before it either personally or through a lawyer on Monday in connection with a defamation suit filed by Banerjee, who also happens to be the nephew of chief minister Mamata Banerjee.

“The summons against Shah was sent to the BJP’s office in Kolkata. The court said on Monday that the summons should be sent to Shah’s Delhi address. As this (MP-MLA court) is a trial court and the suit was originally filed in Metropolitan Magistrate’s court, the case has been sent back,” said Subhojit Saha, one of Banerjee’s lawyer

“Shah brought allegations of corruption against Banerjee. He alleged that Banerjee was involved in syndicate corruption and siphoned off money which was sent by the Centre,” the TMC leader’s senior counsel Sanjay Basu claimed.

A criminal complaint case was filed on August 28, 2018 under section 500 of the Indian Penal Code (punishment for defamation).

The summons was served at a time when Bengal is preparing for state assembly elections in which the BJP is mounting a strong challenge to the Trinamool Congress. Over the past few years, the BJP has emerged as the TMC’s main rival. In the 2019 Lok Sabha elections, the party won 40% of the vote share and 18 of the 42 seats in the state. The TMC won 43% of the vote share and 22 seats.