Uddhav, Aaditya, Raut summoned by Delhi HC in defamation case
The Delhi high court on Tuesday issued summons to Shiv Sena (UBT) chief Uddhav Thackeray, his MLA son Aaditya Thackeray and Rajya Sabha MP Sanjay Raut in a civil defamation suit filed by Rahul Shewale, the Lok Sabha floor leader of Maharashtra chief minister Eknath Shinde-led Shiv Sena.
The Delhi high court on Tuesday issued summons to Shiv Sena (UBT) chief Uddhav Thackeray, his MLA son Aaditya Thackeray and Rajya Sabha MP Sanjay Raut in a civil defamation suit filed by Rahul Shewale, the Lok Sabha floor leader of Maharashtra chief minister Eknath Shinde-led Shiv Sena.
Shewale has accused the Shiv Sena (UBT) leaders of levelling frivolous corruption allegations against him and his party. Justice Prateek Jalan admitted the defamation suit and issued summons to all three leaders.
In February, Raut had alleged that ₹2,000 crore was spent to get Shiv Sena’s name and ‘bow and arrow’ symbol. Raut also alleged that the Election Commission’s decision was bought through these transactions.
The high court also issued summons to social media websites on Shewale’s complaint and posted the matter for hearing on April 17. It directed Google, Twitter, and the three Shiv Sena (UBT) leaders to file written statement within 30 days and issued notice to the defendants on the interim relief application.
Senior advocate Rajiv Nayar, representing Shewale, asked the court to pass an injunction order to restrain Raut and others from making any further defamatory allegations. The court, however, refused to issue any gag order on the first day, saying it would hear all the parties before passing any order.
“These are political fights going on...as far as the institutions are concerned, election commission’s shoulders are broad enough to deal with all this. Like the courts, people say all kinds of things about the courts,” the bench observed.
As the senior counsel contended that the allegations shock the conscience of the court, Justice Jalan remarked, “The question is not whether it shocks my conscience or not. The question is that in the free marketplace of ideas, are people entitled to say things which shock my conscience?”
The court clarified it was not making any comments on whether the allegations are right or wrong. “I am only saying that the question I will determine after having an affidavit on record,” the judge added.
In a tweet on February 19, Rajya Sabha MP Sanjay Raut had claimed that ₹2,000 crore was spent to get Shiv Sena’s name and ‘bow and arrow’ symbol, adding that it was a preliminary figure and 100% true. Raut further alleged that his claim was backed by proof which he would disclose soon, saying a builder close to the ruling dispensation shared this information with him.
He told reporters that the way the EC recognised the faction led by Shinde as the real Shiv Sena was not justice but “business”.
“And so far a transaction of ₹2,000 crore has happened in that case. This is my primary guess. This is my FIR. This decision was bought,” he had claimed.
On February 17, the Election Commission allotted the name ‘Shiv Sena’ and its poll symbol ‘bow and arrow’ to Shinde-led group, capping an eight-month-long feud between the two leaders over control of the party identity, which suffered a vertical split last year when Shinde and 39 other legislators walked out of the party then led by Thackeray, and joined hands with the Bharatiya Janata Party (BJP) to form the government.
After the decision, Aaditya Thackeray had said EC is an entirely compromised institution. “Legitimising thieves does not make the theft legitimate,” he had tweeted. The Worli MLA had further said that the acronym CM of Maharashtra “currently stands for corrupt man” and that illegal and unconstitutional chief minister “shall surely go”.
In his suit, Shewale sought permanent injunction and damages against the defendants, on account of “false, malicious and unsubstantiated allegations.”
He said the allegations are “libellous, unfounded and misconceived, tainted with collateral objectives”, made knowingly and deliberately to harm the dignity of the plaintiff and his political party.
“The present plaint demonstrates that the defendant no. 1 to 3 have conspired with each other and with other unknown individuals/ organisations to launch a series of scathing and belligerent attacks against the plaintiff and the political party which the plaintiff belongs to, i.e, Shiv Sena, with the oblique motive to malign, defame and injure the plaintiff’s reputation based on a series of blatant falsehoods and gross misrepresentations,” the plea said.