Defamation Case: Delhi HC Stays Trial Court Proceedings Against Journalist Swati Chaturvedi

The Delhi High Court on Tuesday stayed the trial court proceedings in a defamation case filed by BJP leader Tajinder Pal Singh Bagga against Journalist Swati Chaturvedi till July 17,2023.

A single judge bench Rajnish Bhatnagar issued notice on the journalist’s petition to quash the summons issued by the trial court in the matter.

Tajinder Bagga initiated the criminal defamation suit against the journalist after she tweeted about his appointment as the political party’s spokesperson in 2017.

Swati Chaturvedi had tweeted: “Now the man who beat up @pbhushan1 was arrested in a sexual harassment case speaks for @BJP4India. Good job.”

In 2018, a magistrate court summoned Chaturvedi to appear before it. Then, in December of last year, the journalist’s challenge to the order was dismissed.

Chaturvedi has moved the High Court to overturn the magistrate and sessions courts’ decisions.

Appearing for Chaturvedi, Advocate Adit Pujari argued that no second witness was brought before the trial court under explanation 2 of section 499 of the IPC who could indicate Bagga’s image has been lowered as a result of the tweet.

It was also claimed that Bagga admitted to beating up Bhushan in 2011 and that the victim of the sexual harassment case had tweeted against Bagga.

The State’s counsel contended that the petition is nothing more than a second petition filed under the guise of a petition under section 482 of the CrPC. It was also claimed that two courts had issued concurrent findings against the journalist.

Bagga’s counsel argued that whether his image was lowered in the eyes of the public is a question of fact that may be determined by evidence.

It was also alleged that the case involving Bhushan’s beating is still pending before the Patiala House Court and that no proof has been shown to even suggest that he made such a claim.

Furthermore, it was claimed that Bagga had never been arrested in connection with any sexual harassment case and that the journalist’s appeal was without merit.

After hearing both the parties, the bench issued the following order,

“Issue notice. Responses must be submitted within two weeks. If there is a rejoinder, it must be filed within two weeks. The trial court procedures are stayed until July 17,2023.