HC tells trial court to consider Punjab CM Bhagwant Mann’s exemption plea on merits

Issuing notice to the Punjab, the Punjab and Haryana High Court has directed the trial court to consider any exemption application filed by Punjab Chief Minister Bhagwant Mann in a defamation case “on merits dehors the stipulation” in its August 2 order that his bail would be cancelled in case of non-appearance.

In simple terms, Justice Tribhuvan Dahiya’s Bench made it clear that any request by Mann for exemption from personal appearance must be decided strictly on its own merits, regardless of the earlier condition in the August 2 order that his bail would stand cancelled if he failed to appear. The matter has been adjourned to August 18 to be heard along with a connected petition already pending before the High Court.

The direction came during the hearing of Mann’s petition challenging a December 14, 2020, order of a Magistrate summoning him in a defamation complaint filed by former Aam Aadmi Party MLA Nazar Singh Manshahia.

Mann’s counsel contended that the summoning order was “not sustainable” as there was no material before the Magistrate to even prima facie establish that the alleged imputation had lowered the complainant’s estimation in the eyes of others. It was pointed out that only the complainant had been examined as a witness before the summoning order was passed.

The High Court was informed that Mann has already challenged the same order in another petition, which was at the motion stage. Punjab Assistant Advocate-General Satjot Singh Chahal, accepted notice on behalf of the State and sought time to file a reply.