LI Network
Published on: 3 August 2023 at 10:45 IST
A special court in Delhi, which handles cases against legislators, has declined to grant a stay on the summons issued against Rajasthan Chief Minister Ashok Gehlot in a defamation case filed by Union Minister Gajendra Singh Shekhawat [Ashok Gehlot v. Gajendra Singh Shekhawat].
Special Judge NK Nagpal found “no reason or ground” to stay the proceedings or the direction of the magisterial court summoning Gehlot.
The additional chief metropolitan magistrate had previously stated that Gehlot had made “specific defamatory statements” against Shekhawat, and these statements had been widely published in the media, potentially causing harm to the complainant.
In response to the order of the magisterial court, Gehlot’s counsel argued that the court did not take cognizance of the offense and therefore could not have summoned him as an accused.
They further contended that Gehlot’s statements against Shekhawat and his family members were based on records of a criminal case under investigation and were not defamatory.
On the other hand, Shekhawat’s counsel pointed out that inquiry reports of the Delhi Police indicated that Gehlot’s statements were indeed defamatory and were intended to tarnish Shekhawat’s image.
The court held that the legal and factual issues raised by both sides could only be properly considered after the respondent (Gehlot) submits a formal reply and detailed arguments on the facts and the law.
The court directed the magisterial court not to insist on Gehlot’s physical presence and allowed him to participate in the proceedings virtually.
The case revolves around Gehlot’s statements and speeches published in the media against Shekhawat, which were alleged to be defamatory and intended to damage Shekhawat’s reputation for political gains. The statements related to the Sanjeevani scam, currently under investigation by the local police in Jaipur, involving allegations against the proprietors and employees of Sanjeevani Cooperative Society for embezzling around ₹900 crore of investors’ money.
Senior Advocates Dayan Krishnan, Mohit Mathur, and GS Bapna, along with Advocates Mudit Jain, Kunal Dewan, Aarohi Mikkilineni, Rishi Gupta, Sanjeevi Sheshadri, Mayank Sharma, and Rudraksh Nakra, represented Ashok Gehlot.
Senior Advocate Vikas Pahwa, along with Advocates Abhishek Pati, Sanskriti S Gupta, Shishant, and Aditya Vikram Singh, appeared for Gajendra Singh Shekhawat.
The matter is scheduled for the next hearing on August 19.