The Supreme Court on Monday dismissed Bharatiya Janata Party (BJP) Member of Parliament Manoj Tiwari’s challenge to the summons issued to him in a criminal defamation case filed by Delhi deputy chief minister Manish Sisodia.
A bench of justices SA Nazeer and V Ramasubramanian allowed a similar plea by BJP lawmaker Vijender Gupta, quashing the defamation case against him.
The BJP leaders challenged a trial court’s November 28, 2019, order summoning them and others as accused in the criminal defamation case.
Apart from Tiwari and Gupta, Sisodia filed the complaint against BJP leaders Hans Raj Hans Pravesh Verma, Manjinder Singh Sirsa, and Harish Khurana. All of them were issued the summons by the trial court in 2019.
The defamation complaint was filed by Sisodia for their remarks at a press conference accusing him of having misappropriated public money worth ₹2,000 crore in the name of constructing classrooms in Delhi government schools.
They were summoned by the Delhi court on November 28, 2019, to face trial in the defamation proceedings punishable under Section 500 of the Indian Penal Code (IPC).
In December 2020, the Delhi high court refused to entertain the petitions by the BJP leaders for staying the summoning order. The high court said that “there exists sufficient ground to proceed” against the BJP leaders.
{{/usCountry}}In December 2020, the Delhi high court refused to entertain the petitions by the BJP leaders for staying the summoning order. The high court said that “there exists sufficient ground to proceed” against the BJP leaders.
{{/usCountry}}Tiwari and Gupta moved the Supreme Court to seek setting aside of the trial court order, arguing what they said was not defamatory. They added the summoning order of the trial court was based on legally inadmissible evidence so it was illegal and contended that a prior sanction was required before prosecuting them.