The Delhi High Court on Tuesday issued notice to Delhi Chief Minister Atishi on a BJP leader's plea against the rejection of a defamation case against her over her allegations that BJP attempted to poach AAP MLAs. "Issue notice to the respondent," said Justice Vikas Mahajan.
The counsel for the complainant Praveen Shankar Kapoor argued the revisional court exceeded the scope of its jurisdiction while rejecting his defamation complaint and quashing the summons issued by a magisterial court to the AAP leader to stand trial. He objected to the court "justifying" Atishi's conduct by terming her a whistleblower and sought a direction to stay the observations.
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According to the complaint by the former media head and spokesperson of the Delhi BJP unit, Atishi levelled baseless allegations in a press conference held on January 27 and later on April 2, 2024, against BJP by saying that it was approaching AAP's MLAs and offering them bribes to the tune of Rs 20-25 crore for switching sides. Atishi however moved the special judge by filing a revision petition to challenge the summons issued to her by a magisterial court.
The complaint had also arrayed former chief minister Arvind Kejriwal as an accused in the complaint, however, the magisterial court did not find sufficient grounds to proceed against him in the order passed on May 28, 2024. The matter would be heard next by the High Court in April.
On January 28, Special Judge Vishal Gogne held that the allegations made by Atishi constituted the exercise of the right to freedom of speech concerning political corruption and not defamation. The special judge said that the pre-summoning evidence did not present adequate grounds to summon Atishi as an accused.
