Delhi HC refuses ex-parte relief to Kailash Gahlot in defamation case against BJP MLA

In his civil defamation suit, Kailash Gahlot has sought ₹5 crore damages from Gupta for allegedly making scandalous statements relating to irregularities in the procurement of low-floor buses.

The Delhi high court has declined to grant ex-parte interim relief to state transport minister Kailash Gahlot seeking removal of alleged defamatory statements and posts shared by BJP MLA Vijender Gupta on social media against him in connection with alleged irregularities in procurement of 1,000 low-floor buses by the Delhi Transport Corporation (DTC).

The Delhi High court, while issuing summons to BJP MLA Gupta, gave him 30 days to respond to the suit (File Photo)

“...in the present case, prima facie, no personal allegations appear to have been specifically made against the plaintiff (Gahlot) except to the extent of saying that the transaction appears to be a ‘scam’. At this stage, therefore, no ex-parte injunction is called for,” justice Asha Menon said in an order of August 27 released late Saturday evening.

The court, while issuing summons to BJP MLA Gupta, gave him 30 days to respond to the suit as well an application seeking interim relief of removal of alleged scandalous statements till the case is decided.

The judge said a perusal of Gupta’s tweets showed that he was “either raising queries in respect of the placing of the order for 1,000 low floor buses and the costs involved in their maintenance or was commenting upon newspaper reports”.

“Some tweets are also in respect of some political action and protest to be organized against the plaintiff (Gahlot). While the plaintiff has claimed that the report of the Hon’ble Lt. Governor through media information was that no irregularity has been found, the tweet of the defendant No.1 (Gupta) dated July 10, 2021 proclaims quite the contrary,” it noted.

Delhi transport minister Kailash Gahlot said, “Appeal against the order is being filed.”

BJP MLA Gupta said: “The AAP government, instead of answering people on the financial irregularities in the DTC bus purchase scam, has been going after me for exposing them. In the defamation filed against me by minister Kailash Gahlot, the court has declined to pull down my tweets, posts breaking open the scam. Court order says ‘the defendant was either raising queries in respect of the placing of the order for buses & the costs involved in their maintenance or was commenting upon newspaper reports…therefore no ex-parte injunction is called for’.”

In his civil defamation suit, Gahlot has sought ₹5 crore damages from Gupta for allegedly making scandalous statements relating to irregularities in the procurement of low-floor buses.

On July 12, Gupta had written to Delhi’s Lieutenant Governor Anil Baijal demanding a CBI inquiry into the alleged scam involving procurement of 1,000 low-floor buses by DTC.

A three-member committee that investigated the matter has recommended scrapping the tender of the AMC (annual maintenance contract) of buses after finding various “lapses”, he said. There has been “irrefutable evidence of irregularities and violations in the AMC bid”, he had stated, alleging “criminal conspiracy and connivance”.

The matter will now be heard on September 20.