Delhi Court quashes summons against CM Atishi in defamation case - World News Network

New Delhi [India], January 28 (ANI): The Rouse Avenue court on Tuesday allowed the appeal moved by Delhi CM Atishi Marlena against a summon issued to her in a Defamation case.
“The summoning order passed by the Additional Chief Judicial Magistrate is set aside, Special Judge Vishal Gogne ordered on Tuesday.
The court further said that the Allegations levelled by the revisionist are political. The threshold is high in a political defamation case.
The court also said that the threshold is always high in political defamation as it involves freedom of speech.The court said that the order is liable to be set aside as it suffered material error and infirmity.
BJP leader Praveen Shankar Kapoor had filed a defamation complaint against CM Atishi.
While allowing the revision petition the court said that what the complainant Praveen Shankar Kapoor said is believed that every second day would be a defamation complaint.
The court also said that the BJP Delhi Unit head himself sought an investigation into the allegations levelled by Atishi, the court said.
A report filed by the Prosecution shows that the matter is pending before the crime branch.
The Complaint is Arbitrary as the complainant Praveen Shankar Kapoor is not an aggrieved person.
Virenderaa Sachdeva himself sought an inquiry. He sought registration of an FIR . This complaint was not against CM Atishi, the court said.
His complaint is ill-conceived. Allegations of political corruption are prevalent. Allegations of Atishi of political poaching are a right to freedom of speech.
The court said that the Summoning order to CM Atishi was suppressive. The court said the Complaint Does not present adequate ground, press conferences are like exposure
She is a whistle-blower, Sachdeva himself sought an investigation into the allegations levelled by CM Atishi.
A complaint by Praveen Shankar Kapoor does not qualify for the higher threshold.
They also referred to the judgement of the Supreme Court Electoral bond case to highlight the issues of corruption in politics.
Detailed order is to be uploaded. The Rouse Avenue court on January 18 reserved an order on the appeal of Delhi CM Atishi Marlena against Summons in a Defamation case. BJP leader Praveen Shankar Kapoor had filed a defamation complaint against her.
Earlier on December 3, 2024, Senior advocate Ramesh Gupta counsel for CM Atishi Marlena had argued that the threshold is high in political defamation as political parties are the subject of public discourse.
The court heard the arguments of Senior Advocate Ajay Burman, counsel. For complainant Praveen Shankar Kapoor. Advocate Shoumendu Mukherjee has also appeared for Kapoor. Senior advocate Ramesh Gupta along with Mudit Jain argued that the complainant was not defamed by the appellant.
It was argued that it is alleged that the appellant made a statement against the BJP. If it is taken to be true, that BJP is a victim or aggrieved, it can file a complaint.
The senior advocate also argued that a political party may have lakhs of members, but all cannot filed Defamation complaint. In this case, the threshold is very high.
On November 22, 2024, the court had stayed the proceedings before a Magistrate in the matter.
Delhi CM had approached the sessions court against the Summons issued by the Magistrate court on a Defamation complaint filed by BJP leader Praveen Shankar Kapoor. In the reply to the appeal, it was stated that the order of summoning was passed after considering the facts, circumstances and material placed on record.
It was also stated by the respondent that he represents the BJP as media head and spokesperson of the Delhi Unit in the general public. Therefore, any defamatory post, article, or press conference circulated on social media is equally defamatory for him due to his long association with the party.
BJP Leader Praveen Shankar Kapoor filed a Defamation complaint. The Magistrate at Rouse Avenue court had issued the summons to Atishi Marlena on May 28 last year.
Notice sent by Delhi BJP leader Praveen Shankar Kapoor stated that on April 2, 2024, Atishi held a Press Conference and claimed that she was approached by the BJP to join the party.
Notice sent through Advocate Satya Ranjan Swain on behalf of Praveen Shankar Kapoor had stated that Atishi deliberately and with malicious intent made statements which are not only false, scandalous, concocted and illusionary, but defamatory to harm the reputation of BJP but also of its members.
In the entire speech, she neither revealed specific information about the source of information nor you have given any details qua the act of BJP the act of BJP. Devoid of any specifities your statement is an intentional endeavor to reflect your imagination and apprehension, stated the legal notice.
The notice requested Atishi to immediately withdraw the said speech and telecast your apology prominently on your television and social media.
AAP Leader and Delhi Minister Atishi had alleged that she was approached by the Bharatiya Janata Party to join them or else she’d be arrested by the Enforcement Directorate in the coming days.
While addressing a press conference here, the AAP leader said, “The BJP, through one of my close aides, approached me to join their party to save my political career, and if I do not join the BJP, then in the coming month, I will be arrested by the ED.” The AAP leader accused the BJP-led Centre of trying to threaten the party by using probe agencies.
“I want to tell the BJP that we will not be scared of you. We are the soldiers of Arvind Kejriwal. We are aides of Bhagat Singh. We will continue to save the Constitution and will work to give the people a better life under the leadership of Arvind Kejriwal,” she said.
She further alleged that in the coming two months before the general elections, a few more leaders, including Raghav Chadha and Saurabh Bharadwaj, will be arrested by the central probe agency. (ANI)

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