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Delhi Court Rejects Stay Request in Defamation Case Against Rajasthan CM Ashok Gehlot [Read Order]

By Jhanak Singh      03 August, 2023 01:49 AM      0 Comments
Delhi Court Rejects Stay Request in Defamation Case Against Rajasthan CM Ashok Gehlot [Read Order]

NEW DELHI: A Delhi court has refused to stay the defamation case filed by Union Cabinet minister, Gajendra Singh Shekhawat against Rajasthan Chief Minister, Ashok Gehlot.

Special Judge  N K Nagpal also declined a request to stay the summons issued against Gehlot by the Additional Chief Metropolitan Magistrate (ACMM) Court.

A court of Additional Chief Metropolitan Magistrate (ACMM) had on July 6 said that the accused, Gehlot prima facie made "specific defamatory statements against Shekhawat and had issued summons against him.  

"Prima facie, it appears that the defamatory statements of the accused (Ashok Gehlot) have been sufficiently published in the newspaper/electronic media/social media, which may make the right thinking members of the society shun the complainant, the ACMM had said.

Gehlot challenged the summons in court of the Special Judge of N K Nagpal refused to stay it.

"This court sees no reason or ground to either stay the proceedings against Gehlot or the direction of the magisterial court summoning him (Gehlot), Judge Nagpal said.

In the revision plea against the order of the magisterial court, Gehlot contended that he order was incorrect, illegal and improper.

It was argued that the court did not take cognisance of the offence, and therefore, it couldnt have summoned him as an accused.

Gehlot's lawyer submitted that  statements or speeches made against Shekhawat and his family members through the electronic or print media were based on records of a criminal case currently under investigation and, as a result, were not defamatory.

Shekhawats counsel, on the other hand, pointed out that inquiry reports of the Delhi Police indicated that Gehlots statements were defamatory in nature and were meant to defame and tarnish the formers image.

Judge Nagpal, however, directed the magisterial court to not insist on Gehlots physical presence, and allowed him to join the proceedings virtually.

Shekhawat has alleged in his complaint that Gehlot has been making defamatory remarks against him over an alleged scam and trying to tarnish his image and affect his political career.

In April, Union Jal Shakti Minister Shekhawat approached the Rouse Avenue Court, claiming that the Chief Minister defamed him by falsely accusing him of being involved in the Rs 900-crore Sanjivani Credit Society scam. He claimed his name did not appear anywhere when the Rajasthan government probed the case.

Shekhawat sought prosecution of Gehlot under the India Penal Code for criminal defamation.

The matter is fixed for hearing on August 19.

[Read Order]  

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Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more


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