New Delhi: The Delhi High Court on Tuesday (February 4) issued notice to Delhi Chief Minister Atishi on a plea filed by a Bharatiya Janata Party (BJP) leader challenging a trial court order dismissing his defamation complaint against her over her poaching allegations against BJP.
Justice Vikas Mahajan issued notice to the Delhi Chief Minister on an appeal filed by BJP leader and complainant Praveen Shankar Kapoor alleging that Atishi defamed him by making claims that several Aam Aadmi Party (AAP) MLAs were approached by the BJP with offers of cash to bring down the AAP government in Delhi.
“Issue notice to the respondent (Atishi),” said Justice Mahajan.
What did the BJP leader argue before High Court?
Kapoor argued before the High Court that the revisional court exceeded the scope of its jurisdiction while rejecting his defamation complaint against Atishi and quashing the summons issued to her by a magisterial court to stand trial. He also objected to the revisional court justifying the conduct of Atishi by terming her a whistleblower and sought a direction to stay the observations.
The High Court would hear the matter next in April.
Trial court quashed summons issued to Atishi
Special Judge Vishal Gogne on January 28, hearing Atishi’s plea against the order of the magisterial court summoning her on Kapoor’s complaint, quashed summons issued to Atishi, saying the allegations made by the Delhi Chief Minister constituted the exercise of the right to freedom of speech concerning political corruption and it was not defamation and that the pre-summoning evidence did not present adequate grounds to summon her as an accused.
What did the trial court say?
The trial court further said that Atishi was in the nature of a “whistleblower” and couldn’t be treated as having acted to defame the BJP and Kapoor’s complaint was “an attempt to defeat criminal investigation and suppress the freedom of speech as well as the right to know”.
