Defamation Case: Delhi Court To Hear Arguments Against CM Gehlot On Sept 14

Rouse Avenue Court to hear arguments on notice in a defamation case filed by Union Minister Gajendra Singh Shekhawat against Chief Minister of Rajasthan Ashok Gehlot on September 14.

Rajasthan CM Gehlot and Shekhawat who appeared before the court through video conference, and all documents have been supplied to the counsel for accused.

Additional Chief Metropolitan Magistrate listed the matter for hearing arguments in further proceedings on September 14 after he was informed that all the documents have been supplied to the counsel for the accused.

Therefore, the court has also put up the application moved on behalf of Ashok Gehlot seeking dismissal of complaint as the complainant was not appearing before the court.

An application was moved under section 256 Cr pc. It provides that the Court may, after issuance of summons, if the complainant doesn’t appear, acquit the accused unless for some reason to adjourn the hearing of the case to some other day.

Earlier, the court issued a summons to Ashok Gehlot. Thereafter, he appeared before the court in a virtual mode.
Shekhawat recently filed a criminal defamation case against Gehlot for allegedly defaming him with remarks on the Sanjivani scam.

Gehlot challenged the summons that were issued and proceedings going against him in the Magistrate Court in this matter. The Session court had not stayed the proceedings.

Sessions Court noted that the crux of allegations made in the above complaint case is that the petitioner herein made some statements and speeches published in print as well as electronic media against the respondent, which are claimed by the respondent to be defamatory and damaging his reputation and to have been made maliciously for political reasons.

The statements broadly pertain to the involvement and status of the respondent and his family members as accused in Sanjeevani Scam.

Session court noted that, the appellant is serving as Rajasthan Chief Minister of the State of Rajasthan and he is also stated to be holding the charge of the Home Ministry as the respondent is stated to be a Cabinet Minister of the Central Government and a member of Lok Sabha from Jodhpur, Rajasthan. both the parties to this petition are holding high positions and respect in public.

On July 6, 2023, Additional Chief Metropolitan Magistrate Harjeet Singh Jaspal stated that having considered the facts and circumstances, the testimonies of the complainant witnesses, and the evidence placed on record, it prima facie appears that the accused (Ashok Gehlot) has made specific defamatory statements, against the complainant.
Furthermore, the ACMM stated, it prima facie appears that the defamatory statements of the accused have been sufficiently published in the newspaper/electronic media/social media, which might make the right-thinking members of the society shun the complainant.

The ACMM observed, it appears that the accused has spoken words that have made defamatory imputations against the complainant, knowing and intending to harm the reputation of the complainant. At the cost of brevity, it is again specified here that the discussion here can’t be said to be a comment on the final merits of the case, as the same is a matter of trial.

In a view of the aforesaid discussion there exists sufficient grounds to summon the accused Ashok Gehlot, under section 500 of IPC. Accordingly, the said that the accused be summoned, upon filing of PF and RC, as per rules, said ACMM Harjeet Singh Jaspal.

Earlier while appearing for Gajendra Singh Shekhawat, Senior advocate Vikas Pahwa submitted that Ashok Gehlot is a Rajasthan Chief Minister and he is talking about a pending investigation. The question here is who is in control of this investigation. CrPC doesn’t recognise the Chief Minister, he can’t access the Chargesheet even, if it goes to the court.

Under the Rajasthan Police rules, there is no role of anyone except the police force not even the CM or someone from the Home Department. Making false statements without having any access to the investigation officially.

Senior Advocate Vikas Pahwa argued, the statements are defamatory to me and he can’t claim protection under 197 by going out in public and disclosing a close-door investigation.

Pahwa while concluding his submissions noted, the act is involved in this case, where he had no business in making these false statements against his colleague and giving false information public at large It is an act of defamation.

Previously, Shekhawat moved to the Delhi Court and filed a defamation case against Rajasthan Chief Minister Ashok Gehlot alleging that Gehlot has made speeches against him saying that the allegations regarding the Sanjeevani Scam are proven against him.