Court quashes BJP leader’s defamation plaint against CM
In a relief to Delhi Chief Minister and senior AAP leader Atishi, a Delhi court on Tuesday quashed a defamation complaint filed against her by BJP leader Praveen Shankar Kapoor.
‘Remarks directed at party, not individual’
- The case stems from an allegation made by Atishi in April last year, during her tenure as a minister in the cabinet of former Chief Minister Arvind Kejriwal. Atishi had accused individuals associated with the BJP of pressuring her and other AAP leaders to join the party under the threat of arrest by the Enforcement Directorate (ED)
- This claim, made ahead of the 2024 Lok Sabha elections, triggered a defamation case from BJP spokesperson Praveen Shankar Kapoor, who termed the allegations baseless and unsubstantiated.
- Special judge Gogne set aside the summons issued to Atishi, stating that her remarks were directed at the opposition party as a collective entity, rather than targeting individual members.
“The allegations made by Atishi were in fact in the nature of specific information regarding a possible criminal offence having been committed with the proposed use of large sums of money by a party with more against a party with less,” said Special Judge Vishal Gogne, dismissing Kaoor’s complaint against the Delhi Chief Minister.
Gogne said the allegations made by Atishi constituted the exercise of the right to freedom of speech concerning political corruption and did not constitute defamation.
The order came on an appeal filed by Atishi against an order of a magisterial court, which had issued summons to Atishi on the complaint of Kapoor, former media head and spokesperson for the Delhi BJP unit.
The decision comes just days before the Delhi Assembly elections in which Atishi is contesting to retain her Kalkaji seat.
Earlier, an Additional Chief Judicial Magistrate had summoned Atishi in connection with Kapoor’s complaint.
However, Special judge Gogne set aside the summons issued to Atishi, stating that her remarks were directed at the opposition party as a collective entity, rather than targeting individual members.
“The comment in question was not made against any particular individual but against the opposition party as a whole. In cases of political defamation, the threshold for proof is considerably higher to safeguard freedom of speech,” Gogne said in his order.
Citing material errors and procedural infirmities, the Special Judge said: “The issuance of the summons suffered from material error and lacks legal standing. The complaint is liable to be dismissed.”
The case stems from an allegation made by Atishi in April last year, during her tenure as a minister in the cabinet of former Chief Minister Arvind Kejriwal. Atishi had accused individuals associated with the BJP of pressuring her and other AAP leaders to join the party under the threat of arrest by the Enforcement Directorate (ED). This claim, made ahead of the 2024 Lok Sabha elections, triggered a defamation case from BJP spokesperson Praveen Shankar Kapoor, who termed the allegations baseless and unsubstantiated.
Following the summons, Atishi was granted bail on a bond of Rs 20,000, while Arvind Kejriwal was excused from the same case.
