“Why Should Prosecution Continue When Tejashwi Yadav Has Withdrawn Statement”: SC

The Supreme Court on Monday has adjourned the hearing on Bihar Deputy Chief Minister Tejashwi Yadav’s petition till January 29 seeking transfer of the criminal defamation complaint pending against him in Ahmedabad court over his alleged “only Gujaratis can be thugs” remark to a place outside the state, preferably Delhi.

A bench of Justice AS Oka and Justice Ujjal Bhuyan deferred the matter after the counsel for the complainant sought time.

The bench stated, “Why should the prosecution continue when he has withdrawn the statement. You seek instructions otherwise we will exercise powers under Article 142.”

The top court recorded in its order, “The counsel for the respondent seeks time to seek instructions on statement filed by the petitioner (Yadav) on January 19. List on next Monday.”

The court, while hearing the RJD leader’s plea, earlier stayed that the proceedings in criminal defamation complaint and issued notice to resident of Gujarat who has filed it.

The complaint against Yadav was filed under sections 499 & 500 of the IPC for alleged criminal defamation.

Previously in August, the Gujarat court conducted a preliminary enquiry against Yadav under section 202 of the Code of Criminal Procedure and found sufficient grounds to summon him on the complaint filed by Haresh Mehta, a local businessman and activist.

According to the complaint, Yadav, while talking to the media in Patna in March 2023, stated, “Only Gujaratis can be thugs in the present situation, and their fraud will be forgiven.”

The Bihar Deputy CM had allegedly asked, “Who will be responsible if they run away with the money belonging to the LIC or banks?”

Mehta claimed Yadav’s comments defamed all Gujaratis.